Court of Common Pleas of York County, Pennsylvania Document Filing Requirements

CRITICAL

Applies to

Report of adoption

At the final hearing, the petitioner must verify that the clerk has all information needed to amend the original birth record.

(9) Report of Adoption. At the time of the final hearing, petitioner shall verify that the clerk is in possession of all vital records information required to amend the original birth record.

CRITICAL

Applies to

Pretrial conference listing

A party may not list an action for a pretrial conference until all dates in a fully executed and filed Case Management Plan have passed, or the listing is consistent with a filed scheduling order.

No party shall list an action for pre-trial conference until after: (1) A Case Management Plan has been executed by all parties and filed with the Prothonotary, and all dates contained therein have passed; or (2) The listing is consistent with the provisions of a scheduling order filed in the action.

CRITICAL

Applies to

Complaint

Each plaintiff’s complaint and each complaint against an additional defendant must begin with a bilingual notice to defend in substantially the form required by Pa.R.C.P. 1018.1(b).

(a) Every complaint filed by a plaintiff and every complaint filed by a defendant against an additional defendant shall begin with a notice to defend in both English and Spanish, containing the information and in substantially the same form as that set forth in Pa.R.C.P. No. 1018.1(b).

CRITICAL

Applies to

Original order consolidating actions

An original consolidation order must be filed in every case file affected by the consolidation.

(c) An original order consolidating actions shall be filed in all cases files affected by the consolidation.

CRITICAL

Applies to

Arbitration report and award

The report must be signed by all or a majority of the arbitrators and be substantially in jury-verdict form; it need not recite facts or reasons.

The report shall be signed by all or a majority of the arbitrators on the board. The Prothonotary shall provide notice of the report and award in accordance with Pa.R.C.P.236. The report and award shall be substantially in the form of a verdict of a jury, and need not contain a recital of facts, nor a statement of reasons for the action taken by the board.

CRITICAL

Applies to

Deposit documentation

Within 14 days after receiving settlement proceeds, counsel—not the minor’s parent or guardian—must execute the documents needed to deposit the minor’s funds into an interest-bearing account or certificate at a federally insured institution with a York County office, in the minor’s name only.

Within 14 days of receipt of the settlement proceeds, COUNSEL, and not the parent(s) or guardian(s) of the minor, is hereby authorized and specifically DIRECTED to execute all documentation necessary to deposit the funds belonging to the minor into an interest bearing savings account or savings certificate in a federally insured financial institution having an office in York County, IN THE NAME OF THE MINOR ONLY.

CRITICAL

Applies to

Praecipe for writ of summons

In an ejectment action commenced by praecipe for a writ of summons, the praecipe must identify the land and reference a record location where a complete description can be obtained.

If an action of ejectment is commenced by filing a praecipe for a writ of summons, the praecipe shall contain: (a) A description of the land sufficient to identify it, either by metes and bounds or by reference to street number, dimensions, area or adjoinders; and (b) A reference to a place of record from which a complete description may be obtained.

CRITICAL

Applies to

Corporate surety documents

A corporate surety may act only if a current Insurance Department approval certificate and a designation of attorney in fact are on file with the clerk.

Any corporate surety allowed to do business in Pennsylvania may act as surety, providing that a current certificate evidencing approval by the Insurance Department of the Commonwealth of Pennsylvania, together with a designation of attorney in fact, is on file with the clerk.

CRITICAL

Applies to

Notice of presentment

The moving party must complete a notice of presentment for the intended motions court date.

(1) Pursuant to York R.C.P. 208.3(A), the moving party shall complete a notice of presentment at least five (5) days in advance of the intended motions court date.

CRITICAL

Applies to

Motion for admission pro hac vice

A motion for admission pro hac vice must contain the information required by the cited rules and regulation.

(2) A motion for admission pro hac vice shall contain all information required by Pa. R.C.P. 1012.1, Pa.B.A.R. 301, and the information required in 204 Pa.Code Sec. 81.503.

CRITICAL

Applies to

Petition

File the petition with the Prothonotary and provide a copy to the District Court Administrator if an action has commenced; otherwise, file it with the Clerk of the Orphans Court.

(b) If an action has been commenced the petition shall be filed with Prothonotary and a copy provided to the District Court Administrator for assignment to a judge. (c) If no action has been commenced the petition shall be filed with the Clerk of the Orphans Court, which shall present it to the judge handling Orphans Court matters.

CRITICAL

Applies to

Petition

A claim holder who joins the petition must have the Joinder attached and titled “Joinder(s).”

Joined in this petition which is hereto attached & titled Joinder(s)

CRITICAL

Include only the last four digits of account and registration numbers in the filing.

[Include only last four (4) digits of account numbers and registration numbers, etc.]

CRITICAL

A party-signed filing must list the party's name, address, and telephone number under the signature line, plus applicable fax, email, and bar-identification details under the stated conditions and format.

(2) Any document signed by a party for filing shall contain under the signature line the name, address, and telephone number of the party, and the facsimile number, (if consent is being given to receive service by facsimile) e-mail address (if contact by e-mail is desired), and Pennsylvania or other state bar identification number, if applicable. When listing the bar identification number, the state’s postal abbreviation shall be used as a prefix (e.g. PA 12345; NY 246810).

CRITICAL

Applies to

Petition

An action involving a minor may be compromised, settled, or discontinued only with court approval based on a petition presented by the minor's guardian and a court hearing.

(a) No action to which a minor is a party shall be compromised, settled, or discontinued, except with court approval, pursuant to a petition, presented by the guardian of the minor and a hearing before the court.

CRITICALCriminal cases

Applies to

Payment record

The Clerk of Courts must provide the court with a record of payments made.

(2) The Clerk of Courts shall provide the court with a record of payments made.

CRITICAL

Applies to

Partition request

A party requesting partition of real property must suggest a master for appointment and provide a plan for the master's compensation.

(c) Any party to an action requesting partition of real property shall provide suggestions to the Court for appointment of a master and a plan for the compensation of any master so appointed.

CRITICAL

Applies to

Notice

When notice to the IRS is required under the cited statute, a counsel-certified copy stating the date of service or delivery must be filed with the Sheriff before the sale date.

In any case where notice is required to be given to the Internal Revenue Service, in accordance with the provisions of the Federal Tax Lien Act of 1966, 26 U.S.C. Section 7425, (b) and (c), a copy of such notice certified by counsel to be a correct copy and indicating the date of service upon or delivery to the Internal Revenue Service shall be filed with the Sheriff prior to the date fixed for the sale.

CRITICAL

Applies to

Arbitration referral

The party referring a case to arbitration must certify that it is ready and that the attorneys and witnesses are available during the arbitration week.

The party referring the case to arbitration shall certify that the case is ready and that the attorneys and witnesses are available during the arbitration week.

CRITICAL

Applies to

Petition for settlement of small estate

The Petition for Settlement of Small Estate must be endorsed with a Notice to Plead in the form specified by Pa.R.O.C.P. 3.5(b)(1).

(i) A Notice to Plead in the form set forth in Pa.R.O.C.P. 3.5(b)(1) shall endorse the Petition for Settlement of Small Estate.

CRITICAL

Applies to

Tax form

Benefiting parties must provide a completed W-9 or similar bank-required form, and the Prothonotary may not deposit the money in an interest-bearing account until they comply.

(a) The party or parties to benefit shall provide the Prothonotary with a fully completed IRS W-9 form or other similar form required by the bank where the money is to be deposited. (b) The Prothonotary shall not deposit such moneys into an account which earns interest until the parties have complied with this provision.

CRITICAL

Applies to

Exhibit tracking index

Each proponent must prepare exhibit tracking indexes using the Court-designated form available through each filing office.

(1) Each proponent shall prepare exhibit tracking indexes utilizing a form to be designated by this Court and made available by the District Court Administrator through each filing office.

CRITICAL

Applies to

Apl complaint

A party filing an APL complaint must include a fully executed background-for-APL form prescribed by the domestic relations section.

When the moving party files a complaint to commence an action for alimony pendente lite (APL), the filing party must include a fully executed background for APL form as prescribed by the domestic relations section and available at the domestic relations section office.

CRITICAL

Applies to

Praecipe

Should a moving party wish to withdraw the petition from consideration by the court, consent to withdraw shall be obtained from all interested parties and the moving party shall promptly file a praecipe to withdraw the petition with the Prothonotary, and shall promptly provide notice to the judge to whom the matter was assigned.

Should a moving party wish to withdraw the petition from consideration by the court, consent to withdraw shall be obtained from all interested parties and the moving party shall promptly file a praecipe to withdraw the petition with the Prothonotary, and shall promptly provide notice to the judge to whom the matter was assigned.

CRITICAL

Applies to

Praecipe

The praecipe must request a pretrial conference and state whether the proposed trial is jury or nonjury.

The praecipe shall request a pretrial conference and indicate whether the proposed trial is a jury or a nonjury trial.

CRITICAL

Applies to

Motion

Except for discovery appointments, the moving party must certify in the motion to appoint that discovery is substantially complete for the claims presented to the master.

In all cases except for discovery appointments, the moving party shall certify in the motion to appoint that discovery is substantially complete with respect to the claims being presented to the master.

CRITICAL

Applies to

Application

Must include

caption

An application for return of property under 42 Pa.C.S. § 6802 must cross-reference the defendant’s name and criminal action number in its caption and be filed with the Clerk of Courts.

The application shall indicate in the caption a cross reference to the defendant’s name and criminal action number, and shall be filed in the office of the Clerk of Courts.

CRITICAL

Applies to

Legal paper

Filing a legal paper electronically certifies that the hard copy was properly signed and, where applicable, verified, and constitutes the certification required by Pa.R.Civ.P. 1023.1(c).

The electronic filing of a legal paper constitutes a certification by the filing party that the original hard copy was properly signed and, where applicable, verified, and a certification as provided by the signature to a legal paper under Pa.R.Civ.P. 1023.1(c), violation of which shall be subject to the sanction provided in Pa.R.Civ.P. 1023.1(d).

CRITICAL

Applies to

Notice

The notice must advise that, if no objections are filed within 10 days after notice is given, the Court may authorize the sale on the petition’s terms and fix or excuse additional security, if required.

The notice shall state that if no objections are filed within 10 days of the giving of such notice, the Court may enter a decree authorizing the sale upon the terms contained in the petition and fixing or excusing the entering of additional security, if required.

CRITICAL

Applies to

Petition

The petition must include the minor's written approval if the minor is older than 14.

(iii) Written approval of the minor if the minor is over the age of 14 years;

CRITICAL

A withdrawal motion under the preferred procedure must state and provide the specified notice details, describe pending proceedings and the next court date, and state that required-action court orders were sent to the client.

(i) State that prior notice of intent to withdraw has been given to the client and all parties, the date on which such notice was given, the last known address of the client where the notice was sent, a copy of said notice, and the last known telephone number of the client. (ii) State all proceedings that are pending, if any, the nature of the pending proceedings, and the next date of any court proceeding. (iii) State that the attorney has sent to the client all court orders which require any action to be taken by the client.

CRITICAL

Applies to

Office hours change notice

All temporary or permanent changes in office hours must be maintained in the District Court Administrator’s office and posted conspicuously at the Magisterial District Court so they are visible from outside.

Any changes in office hours, whether temporary or permanent, shall be maintained in the District Court Administrator’s office and shall be conspicuously posted at the Magisterial District Court to be visible from the outside.

CRITICAL

Applies to

Petition

The petition must state whether the proposed guardian has declared bankruptcy and, if so, provide the filing date, court, and final disposition.

(14) Whether the proposed guardian has ever declared bankruptcy and, if so, the date it was filed, the name of the court, and the final disposition.

CRITICAL

Applies to

Petition

A petition seeking issuance of a rule must include a brief statement of supporting legal authority, either in a contemporaneously filed but unbound brief or, for routine petitions without complex issues, in the petition itself.

(2) The petition seeking issuance of a rule shall be supported by a brief statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief filed contemporaneously, but not bound with the petition; or, in routine petitions that do not raise complex legal or factual issues, in the body of the petition itself.

CRITICAL

Applies to

Board report

The board chair must file the original report with the Prothonotary and present the President Judge with a copy, a proposed decree nisi, and a final order for consideration.

The chairman of the board shall file the original of the board’s report with the Prothonotary and shall present the President Judge with a copy of the report and both a proposed decree nisi and a final order for consideration.

CRITICAL

Applies to

Emergency protective custody application

An emergency protective custody application filed other than electronically must be accompanied by a clerk’s rush form.

Unless filed electronically, the application shall be accompanied by a clerk's rush form.

CRITICAL

Applies to

Savings account

A savings account holding the minor’s funds must use the specified title and restrict withdrawal until the minor reaches majority unless the court orders otherwise.

The savings account shall be titled and restricted as follows: (Minor’s Name), a minor, not to be withdrawn before minor attains majority or upon prior Order of Court.

CRITICAL

Applies to

Petition

A petition to settle a wrongful death and survival action must include the listed factual averments concerning the decedent, representative, earnings, heirs, creditors, case facts, settlement reasonableness, and costs and fees.

(a) A petition to compromise and settle a wrongful death and survival action shall contain the following averments of fact: (1) The name, age, residence, and date of death of the decedent and whether the decedent died testate or intestate; (2) The name of the personal representative, the date of the personal representative’s appointment, that letters were granted and duly advertised, and the amount of bond, if any; (3) The occupation of the decedent at the time of the decedent’s death, the salary and average earnings, the name of decedent’s employer and address if the decedent was not self-employed; (4) The names and addresses of all heirs or next of kin, stating whether they are dependent upon the decedent and whether they are sui juris, with the names of their guardians, if any; (5) The names and addresses of all creditors who have or had claims against the estate, whether or not they have been paid, and if paid, by whom; (6) A summary of the facts of the case, including the date of accident or injury and circumstances surrounding the accident or injury; if the case involves an automobile accident, the accident report should be attached as an exhibit to the petition; (7) A statement of the reasonableness of the proposed compromise or settlement; (8) A specific list of costs sought to be reimbursed from the gross settlement, including proposed apportionment between the survival action and wrongful death action, and amount of counsel fees to be paid, if any; and

CRITICAL

Applies to

Pleading

Must include

caption, case number

Every pleading filed of record must include the case caption, proceeding type, file number, and the applicable signature and contact information for counsel or the party.

Every pleading filed of record shall be typewritten and shall contain the caption of the case, the nature of the proceeding, the file number, and either the signature of the attorney, below which shall be the attorney's name, address, telephone number, email address and attorney identification number, or the signature of the party, below which shall be the party's name, address, and telephone number and email address.

CRITICAL

Applies to

Application

Must include

proposed order

The moving party must provide the prothonotary with the notice, application, and an original proposed order for delivery to the court.

A copy of the notice of presentment, application and an original proposed order shall be provided by the moving party to the prothonotary for delivery to the court pursuant to York R.C.P. 205.1.

CRITICAL

Applies to

Transcript

Upon receipt, the appellant must provide the original transcript to the local agency’s solicitor for filing with the record.

Upon receipt of the transcript, appellant shall provide the original transcript to the solicitor of the local agency to be filed with the record.

CRITICAL

Applies to

Transcript request

Unless a notice of appeal has been filed, a request for a transcript of a child’s testimony requires a prior petition to the presiding judge and, if granted, a copy of the order attached to the request form.

(G) Except when notice of appeal has been filed, prior to requesting a transcript of testimony by a child under the age of 18 years, the requestor shall first file a petition with the presiding judge requesting such transcription. If the court grants transcription of the child's testimony, the requestor shall attach a copy of the order to the transcript request form. The court reporter shall automatically exclude the child's testimony from any non-appeal transcript if the request form does not include a judge's order authorizing the transcription.

CRITICAL

Applies to

Petition

Must include

proposed order

The petition must include a proposed order approving the settlement.

(6) A proposed order approving the settlement.

CRITICAL

Applies to

Brief

Briefs longer than ten pages must contain a table of contents.

All briefs more than ten pages in length shall contain a table of contents.

CRITICAL

Applies to

Record submission

If the appellant has not provided the transcript within 45 days after filing the appeal, the local agency must submit its record with a certification stating that the transcript was not provided and why.

In the event that the appellant has not provided the local agency with a transcript within 45 days of the filing of the appeal, the local agency shall submit its record to the Prothonotary with a certification that a transcript has not been provided and the reason.

CRITICAL

Applies to

Surety affidavit

Each surety affidavit must be filed with its bond and renewed annually while the bond remains in effect.

Each affidavit shall be filed together with its respective bond and shall be renewed annually thereafter so long as the bond shall remain in effect.

CRITICAL

Applies to

Filing containing confidential information

A person filing a document containing confidential information must use and file the applicable CIF or CDF.

Pursuant to Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts, persons who file documents that contain confidential information as defined by the Policy shall use and file a Confidential Information Form (CIF) or a Confidential Document Form (CDF), as applicable, to comply with the Policy.

CRITICALCriminal cases

Applies to

Trial list

The district attorney must submit the trial list in writing and use the format prescribed by the court administrator.

No later than ten business days prior to the first day of each week in which jury trials will be held, the district attorney shall provide to the district court administrator, in a format to be prescribed by the district court administrator, a written list of all cases the district attorney intends to call to trial in that week.

CRITICAL

Applies to

Cover sheet

Must include

caption, judge name, case number

Applications requiring court action and responses must include a cover sheet as the first page, substantially in the prescribed form, with the listed case, judge, party, counsel, and pleading information.

All applications requiring action by the Court, and any responses thereto, shall be accompanied by a cover sheet as the first page of the application. The cover sheet shall be substantially in the form as set forth after this Rule. The cover sheet shall include the following information: (1) Identification of the Court; (2) The complete caption of the case; (3) Identifying case number; (4) If a matter in the case has been considered by a judge, the name of the judge shall appear immediately under the case number. If the case has been assigned to a judge, the judge’s name shall appear under the case number and under the names of any judges who previously considered any matter in the case; (5) The identifying case numbers of any related cases; (6) The type of action; (7) The names, addresses and telephone numbers of primary counsel for all represented parties with identification of the party represented by counsel and all pro se parties; (8) The title of the pleading being submitted; and (9) The name of the party submitting the pleading.

CRITICAL

Applies to

Adoption petition

An adoption petition must provide contact information, an email address, and personal telephone number(s) for the investigator to schedule the in-home investigation.

Every petition for adoption shall include in the body of the petition or by separate attachment, valid contact information, email address, personal telephone number(s) by which the court-appointed investigator may contact the petitioners to schedule the in-home investigation.

CRITICAL

Applies to

Petition

The petition must include an affidavit showing service of notice on the specified potential beneficiaries and creditors.

(4) An affidavit of service of notice on all potential beneficiaries and creditors as named in the petition under (a)(4), (5), or (9) above;

CRITICAL

If the petition does not comply with York R.O.C.P. 5.6.2, the petitioner must establish the requirements at the hearing.

The Petition does/does not comply with the requirements of York R.O.C.P. 5.6.2, and, if not, then, the Petitioner shall establish those requirements at the hearing.

CRITICAL

Applies to

Cover sheet

For an uncontested Petition for Settlement of Small Estate, prepare a cover sheet stating that the matter is uncontested and that all joinders and consents are attached, and include it with the petition using the prescribed form.

(2) Uncontested matters. In cases where all interested parties join in the petition filed herein pursuant to Pa.R.O.C.P. 3.5(c), a cover sheet shall be prepared and shall state that the matter is uncontested, all joinders and consents are attached and shall accompany the Petition for Settlement of Small Estate in the form set forth in York County Civil Rule 205.2(b) and the example of the form that follows that Rule.

CRITICAL

Applies to

Joinder

A joinder must certify that the signer has read the petition and joins in its prayer, using the stated form language.

I (we), the undersigned, being parties other than the petitioner beneficially interested in the estate and/or surviving spouse, children or stepchildren of the foregoing decedent, do hereby certify that I (we) have read the foregoing petition and join in the prayer thereof.

CRITICAL

Applies to

Guardianship exhibits

(a)(1) At the time of the hearing, if the petition is granted, the following completed exhibits shall be submitted to the clerk. (i) A signed Guardianship Acknowledgement of Duties and Responsibilities Form; (ii) Completed Mental Health Commitment Form (AOPC 1285 REV. 3- 2010 / PSP No. SP4-131 (3-2010) ; and (iii) Completed clearances, consents and certifications required by Pa.O.C.P.Rule 14.2(c)(2), (4) and (5) for any proposed guardian not previously identified in the petition

(a)(1) At the time of the hearing, if the petition is granted, the following completed exhibits shall be submitted to the clerk. (i) A signed Guardianship Acknowledgement of Duties and Responsibilities Form; (ii) Completed Mental Health Commitment Form (AOPC 1285 REV. 3- 2010 / PSP No. SP4-131 (3-2010) ; and (iii) Completed clearances, consents and certifications required by Pa.O.C.P.Rule 14.2(c)(2), (4) and (5) for any proposed guardian not previously identified in the petition

CRITICAL

Applies to

Exhibit tracking index

The filing office must make the original exhibit tracking indexes part of the case record.

(6) The filing office shall make the original exhibit tracking indexes part of the record of the case.

CRITICAL

Applies to

Petition

The petition must include the joinder of all parties who consent.

(5) The joinder of all parties who consent and;

CRITICALCriminal cases

Applies to

Omnibus pretrial motion

An omnibus pretrial motion must state whether the defendant is incarcerated, the place of incarceration if applicable, and whether a special court service is needed.

(B) An omnibus pretrial motion for relief shall state whether the defendant is incarcerated, the place of incarceration, if applicable, and whether any special court service, such as the assistance of an interpreter, is needed.

CRITICAL

Applies to

Hearing submission

All parties must prepare and present proposed findings of fact and conclusions of law at the hearing.

(a) All parties shall prepare and present, at the time of the hearing, proposed findings of fact and conclusions of law.

CRITICAL

Applies to

Petition

The petition must include the inheritance tax voucher or, instead, a Pennsylvania Department of Revenue statement that no tax is due.

(3) The inheritance tax voucher, or in lieu therefore a statement from the Pennsylvania Department of Revenue that no tax is due.

CRITICAL

Applies to

Motion

Every motion must include a brief statement of supporting legal authority, either in a contemporaneously filed but unbound brief or, for routine motions without complex issues, in the motion itself.

All motions shall be supported by a brief statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief filed contemporaneously, but not bound with the motion, or in routine motions that do not raise complex legal or factual issues, in the body of the motion itself.

CRITICALCriminal cases

Applies to

Omnibus pretrial motion

An omnibus pretrial motion must state the arraignment date, the date a waiver was filed, or that the defendant has not yet been arraigned.

(A) An omnibus pretrial motion for relief shall state the date on which the defendant was arraigned or the date on which a waiver of arraignment was filed, or if not yet arraigned, shall so state.

CRITICAL

Applies to

Consent

A consent must certify that the signer has read the petition and consents to its prayer, using the stated form language.

I (we), the undersigned, being parties other than the Petitioner beneficially interested in the estate and/or surviving spouse, children or stepchildren of the foregoing decedent, do hereby certify that I (we) have read the foregoing petition and consent to the prayer thereof.

CRITICAL

Applies to

Petition for adjudication statement of proposed distribution

A petition proposing distribution of unconverted real estate must include a metes-and-bounds description, the PIN for each parcel, and the derivation of the decedent's title.

Whenever the distribution of unconverted real estate is proposed, whether in satisfaction of a specific devise or a request for distribution in kind, there shall be submitted with the Petition for Adjudication/Statement of Proposed Distribution a description by metes and bounds and Parcel Identification Number (“PIN”) of each tract or parcel of realty to be distributed, together with a recital of the derivation of decedent's title.

CRITICAL

Applies to

Non ordinary rough draft request

A party wishing to retain a digital copy of the realtime transcript beyond that day must request a non-ordinary rough draft and pay required costs before the proceeding.

If any party other than the court wishes to retain a digital copy of the realtime transcript beyond conclusion of that day's proceeding, the party shall execute a request for a non-ordinary rough draft and shall pay any required costs prior to the proceeding.

CRITICAL

Applies to

Petition

The petition materials must include a copy of the DHS letter stating the existence and amount of the estate recovery claim.

Copy of letter from Pennsylvania Department of Human Services (DHS) as to the existence and amount of the estate recovery claim.

CRITICAL

Applies to

Affidavit of deposit of minor funds

The affidavit must state that the withdrawal prohibition was noted in the depository’s records and passbook or certificate, and that a certified copy of the court order was provided to the financial institution.

5. The express prohibition of withdrawals of income or principal prior to __________________ without FURTHER ORDER OF COURT has been noted on the depository’s records and on the passbook/certificate. 6. A certified copy of the above referenced Court Order was provided to the above-named financial institution.

CRITICAL

Applies to

Praecipe

A party seeking trial must file a praecipe with the Prothonotary and deliver a copy to the Court Administrator to list the action for a pretrial conference.

When an action is ready for trial, any party who desires to proceed to trial shall list the action for a pretrial conference by filing a praecipe with the Prothonotary, and delivering a copy of the praecipe to the Court Administrator for assignment to a judge.

CRITICAL

Applies to

Petition appealing register of wills decision

A petition appealing a Register of Wills decision must be filed with the Clerk of the Orphans’ Court and include the proceedings outline, dispute, interested parties’ names and addresses, and a request for record certification.

A petition appealing the decision of the Register of Wills shall be filed with the Clerk of the Orphans’ Court and shall set forth: (1) An outline of the proceedings before the Register of Wills; (2) The nature of the dispute which has arisen; (3) The names and addresses of all interested parties, including those who have not been made parties to the record; (4) A request for certification of the record by the Register of Wills;

CRITICAL

Applies to

Petition

A minor's guardianship petition must include the specified child-abuse and police clearances, received within one year before the petition is filed, for the proposed guardian and each household resident aged 18 or older.

(4) Child abuse and police clearances on forms provided by the Department of Human Services and the Pennsylvania State Police, received within one (1) year of the date of filing of the petition, for the proposed guardian(s) and each individual aged eighteen (18) years or older who is residing in the household with the proposed guardian(s) of the minor.

CRITICAL

Applies to

Praecipe

The moving party must provide the praecipe to the prothonotary for delivery to the court.

The moving party shall provide a copy to the prothonotary for delivery to the court.

CRITICAL

Applies to

Brief

Briefs must contain a procedural history, statement of facts, statement of questions involved, and argument.

Briefs shall contain a procedural history of the case, a statement of facts, a statement of questions involved and argument.

CRITICAL

Applies to

Petition

The filing must include the applicable public-access certification: that CIF/CDF forms are attached or that confidential information and documents are filed differently from non-confidential materials.

I hereby certify that I am complying with the provision of the Case Record Public Access Policy of the Unified Judicial System of Pennsylvania as outlined below: CIF/CDF Forms are included with an attached to this filing. -OR- I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents.

CRITICAL

Applies to

Joint statement

Counsel must prepare a joint statement listing exhibits, expected witnesses, contested issues, and factual stipulations, and present it to each viewer at the start of the hearing.

Counsel shall prepare a joint statement listing all exhibits, all witnesses expected to be called at the Board of View hearing, the contested issues, and stipulations of facts. The statement shall be presented to each viewer at the start of the hearing.

CRITICAL

Applies to

Injunction application

Affidavits from the petitioner and any parties or third persons must be filed with the injunction application.

(4) An affidavit of the petitioner and any parties or third persons shall be filed with the application for preliminary or special injunction.

CRITICAL

Applies to

Application

Must include

proposed order

The filing party must deliver a copy of the application and an original detached proposed order to schedule a hearing to the Court Administrator.

(2) The party filing the application shall serve PennDOT with a copy of the application and cause a copy of the application, along with an original detached proposed order to schedule a hearing, to be delivered to the Court Administrator.

CRITICAL

Applies to

Application

For an application not involving one-judge disposition under York R.C.P. 208.3(b), the moving party must provide the Prothonotary a copy of the application and an original proposed order for delivery to the court.

If the application does not involve a matter to be listed for one-judge disposition pursuant to York R.C.P. 208.3(b), the moving party shall provide a copy of the application and an original proposed order to the prothonotary for delivery to the court.

CRITICAL

Applies to

Consolidation order

Must include

caption, case number

A consolidation order must list the captions of all cases at the top and specify the caption and case number for consolidation and for all future filings.

An order consolidating actions shall contain at the top of the order the individual captions of all cases to be consolidated, shall specify the caption and case number to which the cases are to be consolidated, and shall specify the caption and case number to which all future filings shall be made.

CRITICAL

Applies to

Petition to intervene

A person or entity unable to intervene as of right must file and present a petition to intervene under the cited rules, including the listed information in addition to the information required by Pa.R.C.P. No. 2328.

(c) Intervention - petition to intervene: Any person or entity who wishes to intervene in an appeal of a land use matter and who cannot intervene as a matter of right pursuant to Section 1004-A of the Pennsylvania Municipalities Planning Code, 53 P.S. Sec. 11004-A, shall file a petition to intervene pursuant to Pa.R.C.P. No. 2326 et seq. The petition shall be presented to the Court pursuant to York R.C.P. 205.1 and 208.3(a), and shall contain, in addition to the information required by Pa.R.C.P. No. 2328, the following: (1) The caption and number of the appeal. (2) Name and address of intervenor. (3) Nature of the interest of intervenor in the appeal. (4) Legal and factual circumstances under which intervenor claims a right to intervene, including a statement whether the intervenor was granted status as a party before the local agency. (5) A summary of intervenor’s position and grounds therefor.

CRITICAL

Applies to

Emergency protective custody application

Must include

proposed order

Counsel for the office of children, youth and families must file an emergency protective custody application and proposed order with the clerk of courts.

Counsel for the office of children, youth and families shall file any application for emergency protective custody and a proposed order with the clerk of courts.

CRITICAL

Applies to

Praecipe

The county agency must file a praecipe with the York County Orphans’ Court clerk notifying the clerk that the pending action is to be discontinued because the underlying juvenile dependency action terminated.

the county agency shall file a praecipe with the clerk of the orphans’ court of York County notifying the clerk that the action pending shall be discontinued due to the termination of the underlying dependency action in the juvenile court.

CRITICAL

Applies to

Motion for summary judgment

A motion for summary judgment must be filed in original form with the Prothonotary and comply with the form and information requirements of York R.C.P. 205.2(a) and (b).

(a) An original of the motion for summary judgment shall be filed with the Prothonotary. It shall be in such form and shall include the information as set forth in York R.C.P. 205.2(a) and York R.C.P. 205.2(b).

CRITICAL

Applies to

Application or answer

An application or answer referring to a proceeding record must cite the relevant page and, if possible, the line numbers supporting or contradicting the issue.

(vii) Any application, and any answer thereto, which refers to a record of proceedings, shall specifically refer to the page number and if possible, the line numbers in the record which supports or contradicts the issue which is being addressed.

CRITICAL

Applies to

Conciliation memorandum

Each party’s conciliation memorandum must address the proposed order, witnesses, issues, estimated trial length, home-study request, and psychological evaluation position.

The memorandum filed by each party shall address the following: (1) proposed order (this should be the same relief that is set forth in the complaint filed by the moving party); (2) names and addresses of factual witnesses; (3) names and addresses of expert witnesses; (4) issues for resolution; (5) estimated length of trial; (6) whether a home study is requested; and (7) whether the party will agree to a joint psychologist for evaluation or requests psychological evaluations.

CRITICAL

Applies to

Office hours change application

An application to change previously approved office hours must be made to the President Judge through the District Court Administrator before the change is instituted.

Applications for a change in office hours from those previously approved shall be made to the President Judge, through the District Court Administrator, prior to any change being instituted.

CRITICALCriminal cases

Applies to

Trial list

The district attorney must list cases in the priority order in which the district attorney wants judicial resources allocated for trial.

The district attorney shall compile the list in order of priority for which the district attorney desires the court to allocate judicial resources for trial.

CRITICAL

Applies to

Petition

A trustee's petition for public sale must conform insofar as appropriate to the rule's personal-representative petition requirements and state the three specified trust-related matters.

A petition by trustee to sell real property at public sale shall conform insofar as appropriate to the requirements for a petition under York O.C. Rule 5.10.1 and shall set forth: (1) A reference to the relevant provisions of the controlling instrument; (2) That the trustee is not otherwise authorized to sell or is denied the power to sell by the trust provisions, or that it is desirable that the sale have the effect of a judicial sale, stating the reasons therefor; and (3) Sufficient facts to enable the Court to determine that the sale is in the best interests of the trust and its beneficiaries.

CRITICAL

Applies to

Initial petition

A petitioner offering an expert report instead of testimony must attach the report to the initial petition.

(1) attach a copy of the report being offered to the initial petition,

CRITICAL

Applies to

Affidavit

The plaintiff's affidavit must state the actual amount paid or to be paid, in the case or in kind, as consideration for staying the writ or satisfying the judgment.

If a writ of execution is stayed after the Sheriff has served or attempt to serve the writ, poundage will be calculated based upon the face amount of the writ unless the plaintiff files an affidavit with the Prothonotary and provides a clocked in copy to the Sheriff within three (3) business days of the writ being stayed, which affidavit sets forth the actual amount paid or to be paid to the plaintiff in the case or in kind as consideration for the writ being stayed or for satisfying the judgment.

CRITICAL

Applies to

Motion for admission pro hac vice

A motion for admission pro hac vice must use the form required by York R.C.P. 205.2.

(1) A motion for admission pro hac vice shall be in the form required by York R.C.P. 205.2.

CRITICAL

Applies to

Exception

An exception concerning a finding or conclusion must identify the finding or conclusion the exceptant claims should have been made.

Exceptions to a finding or a conclusion or the failure to make a finding or conclusion shall specify the finding or conclusion which the exceptant claims should have been made.

CRITICAL

Applies to

Exhibit tracking index

When directed by the Court, the proponent and filing office representative must record the physical and custodial transfer on the original exhibit tracking indexes; the filing office then becomes custodian.

(5) When directed by the Court, each proponent and the filing office representative shall note the physical and custodial transfer of exhibits to the filing office on the original exhibit tracking indexes, at which time the filing office shall become custodian of the exhibits.

CRITICAL

Applies to

Firearms review application

A firearms-review application must be verified.

The application shall be verified.

CRITICAL

Applies to

Oral argument request

Requests for oral argument must be made by a filing substantially in the prescribed form.

All requests for oral argument must be made by a filing substantially in the following form:

CRITICAL

Applies to

Proposed rule

The Rule accompanying a petition for relief from judgment by confession must follow the form set forth in Pa.R.C.P. No. 206.5.

(d) Petitions for relief from judgment by confession pursuant to Pa.R.C.P. No. 2959. (The Rule accompanying this petition shall be in the form as set forth in Pa.R.C.P. No. 206.5.)

CRITICAL

Applies to

Appeal

If a court reporter was present and no transcript already exists, the appellant must certify that a transcript has been ordered and satisfactory payment arrangements have been made.

(3) If a court reporter was present and if a transcript is not already in existence, appellant’s certification that appellant has ordered a transcript of the proceedings and has made satisfactory arrangements with the court reporter for payment.

CRITICAL

Applies to

Petition

A petition to access a minor's court-created restricted account must include the six specified account, proceeding, withdrawal, and consent details.

A petition for access to a minor's restricted account created by the court pursuant to 20 Pa.C.S.A. § 5103, shall include the following information: (1) The date that the minor's restricted account was created; (2) The file name/caption and number of the proceeding in which the restricted account was created; (3) The type of account, the account number, the current balance and the bank name and address; (4) Whether there is an early withdrawal penalty assessed by the bank if access is granted by court order, and if so the amount of any such penalty; (5) The reason for the requested withdrawal; and (6) Whether any non-petitioner parent of the minor consents to the petition.

CRITICAL

Applies to

Savings certificate

A savings certificate holding the minor’s funds must use the specified title and may not be redeemed, withdrawn, assigned, negotiated, or otherwise alienated before the minor reaches majority, except for renewal in its entirety or by prior court order.

The savings certificate shall be titled and restricted as follows: (Minor’s Name), a minor, not to be redeemed except for renewal in its entirety, nor to be withdrawn, assigned, negotiated, or otherwise alienated before the minor attains majority, except upon prior Order of Court.

CRITICAL

Applies to

Petition

For an adult adoption involving a requested name change, the petition must include the statutory name-change application and a fingerprint card completed by the adult adoptee.

In any adoption for an adult requesting a name change, an application for change of name in conformity with 54 Pa. C.S § 701(a.1) (2) shall be attached to the petition for adoption along with a fingerprint card completed by the adult adoptee.

CRITICALCriminal cases

Applies to

Notice to appear

A defendant arrested after hours on a summary failure-to-pay warrant must be given notice to appear at the proper issuing authority’s office the next business day, unless released upon full payment of the warrant-related costs, fines, and restitution.

Defendants arrested on summary fail to pay warrants after normal business hours shall be given a notice to appear in the proper issuing authority’s office for the next business day or be released upon payment in full of the costs, fines and restitution associated with the summary warrant.

CRITICAL

Applies to

Report of adoption

The petitioner must ensure the clerk has the information needed to complete the required adoption report form or its equivalent.

Petitioner shall ensure that the Orphans’ Court Clerk has all information necessary to complete Form H 105.091 – Report of Adoption to the PA Department of Health or its equivalent for the state or territory where the original certificate of birth was issued.

CRITICAL

Applies to

Application

The application must be verified.

(1) The application shall be verified.

CRITICAL

Applies to

Motion for disposition

For covered Orphans’ Court petitions requiring a responsive pleading, a motion for disposition must include a proposed scheduling order.

(a) Except as provided in paragraph (b), in all petitions proceeding before the Orphans’ Court in which a responsive pleading is required, in order to obtain an Order from the Court on a contested or uncontested matter, a Motion for Disposition shall be filed. All such filed motions shall include a proposed scheduling order and a proposed order granting relief requested.

CRITICAL

Applies to

Electronic evidence

The submitting party must make electronic evidence available to opposing parties during cross-examination of the witness for whom it was originally used.

(c) make the electronic evidence available for use by the opposing parties during cross-examination of the same witness for which it was originally used;

CRITICAL

Applies to

Reasonable accommodation request form

To request a reasonable accommodation, please complete the Request for Reasonable Accommodation Form (ADA Form A) and return it to: ADA Coordinator Administrative Office of York County Courts York County Judicial Center 45 N. George Street, York, PA 17401 Telephone 717-771-9234, Fax 717-771-9911 Email AOYCC@YorkCountyPa.gov.

To request a reasonable accommodation, please complete the Request for Reasonable Accommodation Form (ADA Form A) and return it to: ADA Coordinator Administrative Office of York County Courts York County Judicial Center 45 N. George Street, York, PA 17401 Telephone 717-771-9234, Fax 717-771-9911 Email AOYCC@YorkCountyPa.gov.

CRITICAL

Applies to

Firearms review application

Must include

proposed order

The applicant must deliver a copy of the application and an original proposed hearing-scheduling order to the Court Administrator.

The party filing the application shall serve the official whose determination is being appealed with a copy of the application and cause a copy of the application, along with an original proposed order to schedule a hearing, to be delivered to the Court Administrator, who shall thereafter assign the matter to a judge for disposition.

CRITICAL

Applies to

Application

The application for return of property seized outside a criminal proceeding or forfeiture action must be filed with the Prothonotary.

The application shall be filed in the office of the Prothonotary.

CRITICAL

Applies to

Proposed order

The proposed withdrawal order must include the client’s last known address and telephone number, or the attorney must file and serve a praecipe with that information within five days after permission is granted.

(b) An attorney who has been given permission to withdraw from a case, or who has withdrawn from a case, pursuant to Pa.R.C.P. No. 1012, shall include in the proposed order permitting withdrawal the last known address and telephone number of the attorney’s client, or shall, within five days of being granted permission to withdraw, file with the Prothonotary and serve on all other parties a praecipe setting forth that information.

CRITICAL

Applies to

Motion to appoint master

A party moving to appoint a master must present the original motion and one copy to the prothonotary.

The moving party shall present to the prothonotary the original and one (1) copy of a motion to appoint a master.

CRITICAL

Applies to

Petition for review

An appeal covered by this rule must be commenced by filing a Petition for Review with the Prothonotary of York County containing the stated jurisdictional basis, parties and agency details, determination reference and any written determination, appeal reasons, and requested relief; verification is unnecessary.

Appeals from an appealable determination of other government agencies, not specifically provided for in these Rules, of which this court has jurisdiction pursuant to the applicable law or general rule shall be commenced by filing a Petition for Review with the Prothonotary of York County. The Petition for Review shall contain the following: (1) A statement of the basis for the jurisdiction of this court; (2) The names and addresses of the parties seeking review; the name and address of the government agency which made the determination sought to be reviewed; (3) Reference to the order or other determination sought to be reviewed, with a copy of the same, if in writing, attached to the Petition for Review; (4) A concise statement of the reasons for the appeal. The reasons for the appeal may be stated in the alternative, and relief of several different types may be requested. A Petition for Review need not be verified. (5) And a statement of relief sought.

CRITICAL

Applies to

Application

All applications to the court shall include a certificate by the moving party that notice was given pursuant to subsection (a)(2) above.

All applications to the court shall include a certificate by the moving party that notice was given pursuant to subsection (a)(2) above.

CRITICAL

Applies to

Petition

The settlement petition must use the minor's initials and refer to the Confidential Information Form.

(i) The initials of the minor’s name and reference to the Confidential Information Form (CIF);

CRITICAL

Applies to

Fee petition

A juvenile dependency fee petition must state the preceding petition’s total and submission date, the approved amount, and whether and when it was paid.

(3) The fee petitions shall contain, in addition to the matters set forth in York R.C.P. 210(C) above, a recitation of the total of the preceding fee petition, the date when the preceding fee petition was submitted, the amount approved, and shall indicate whether the amount approved has been paid and the date paid.

CRITICALCriminal cases

Applies to

Trial list

For a case prosecuted by the attorney general or another agency, the district attorney must consult that agency and include the case on the trial list.

If any case is being prosecuted by the attorney general or any agency other than the district attorney, the district attorney shall consult with that agency and include the case on the list.

CRITICAL

Applies to

Criminal record abuse history verification form

The filing party must file a criminal record/abuse history verification form for each party and any other required individuals.

the filing party shall also file a criminal record/abuse history verification form for each party to the action, as well as for any other required individuals;

CRITICALCriminal cases

Applies to

Original application for relief

The original application for relief must be filed with the clerk of courts in the manner specified by Pa.R.Crim.P. 576(A).

The original application for relief shall be filed in the office of the clerk of courts in the manner set forth in Pa.R.Crim.P. 576(A).

CRITICAL

Applies to

Application for court appointed counsel or in forma pauperis

An application for appointed counsel or in forma pauperis status must be verified by the applicant and submitted to the Court Administrator for assignment to a judge.

(A) Applications for court appointed counsel, or to proceed in forma pauperis, shall be verified by the individual seeking to proceed or to be represented by court appointed counsel, and shall be submitted to the Court Administrator for assignment to a judge for consideration.

CRITICAL

Applies to

Petition

If the inheritance tax return has not been filed because no inheritance tax is due, the petition must attach as Exhibit C a true and correct copy of the Department of Revenue appraisement showing no tax is due.

A true and correct copy of the Department of Revenue appraisement of the inheritance tax return filed on the decedent’s estate, showing that no inheritance tax is due, is attached hereto as Exhibit “C” and incorporated by reference herein.

CRITICAL

Applies to

Petition

The petition materials must include a photocopy of the decedent’s Will and Codicil, the receipt showing the Will was lodged, and the Register’s decree accepting a photocopy as the original.

A photocopy of the decedent's Will and Codicil, along with: the receipt of the will being lodged with the Register of Wills. the decree of the Register accepting a photocopy as the original.

CRITICAL

If minors, use initials and Confidential Information Form (CIF) for names and date of birth.

If minors, use initials and Confidential Information Form (CIF) for names and date of birth.

CRITICAL

Applies to

Name change petition

A copy of a name-change petition must be delivered to the Court Administrator for assignment to a judge.

(2) A copy of the petition shall be delivered to the Court Administrator for assignment to a judge.

CRITICAL

Applies to

Notice of intervention

A notice of intervention under Section 1004-A must include the appeal caption and number, the intervenor’s name and address, the intervenor’s interest, the legal and factual basis for intervention, and a summary of the intervenor’s position.

(b) Intervention - notice: A notice of intervention under Section 1004-A of the Pennsylvania Municipalities Planning Code, 53 P.S. §11004-A, shall contain: (1) The caption and number of the appeal. (2) Name and address of intervenor. (3) Nature of the interest of intervenor in the appeal. (4) Legal and factual circumstances under which intervenor claims a right to intervene. (5) Summary of intervenor’s position.

CRITICAL

Applies to

Exhibits

If an exhibit is not in the court file, the party offering it must produce it at trial.

(2) In the event that any exhibit is not in the file, the party offering that exhibit shall produce the exhibit at the time of trial.

CRITICAL

Applies to

Petition

The petition must include a summary of the case facts.

(vi) A summary of the facts of the case;

CRITICAL

Applies to

Petition

The petition must address the reasonableness of counsel fees based on the settlement amount, with 25% presumed reasonable subject to rebuttal at the hearing; counsel fees must be reduced by fees received for representing respondents in a subrogated claim.

(x) A statement of the reasonableness of counsel fees, which must be based upon the settlement amount, presuming 25% of the settlement amount to be reasonable, which presumption is rebuttable at the hearing. Counsel fees shall be reduced by fees received, if any, if counsel also represented the Respondent(s) in a subrogated claim;

CRITICAL

Applies to

Praecipe

Should a moving party wish to withdraw any motion from consideration by the court, consent to withdraw shall be obtained from all interested parties and the moving party shall promptly file a praecipe to withdraw the motion with the prothonotary. The moving party shall provide a copy to the prothonotary for delivery to the court and shall serve all other parties of interest.

Should a moving party wish to withdraw any motion from consideration by the court, consent to withdraw shall be obtained from all interested parties and the moving party shall promptly file a praecipe to withdraw the motion with the prothonotary. The moving party shall provide a copy to the prothonotary for delivery to the court and shall serve all other parties of interest.

CRITICAL

Applies to

Proposed yearly office hours schedule

Magisterial District Judges must submit their proposed yearly office-hours schedule for approval before December 1 of the preceding year, unless there are no changes.

Magisterial District Judges shall submit their proposed yearly schedule of office hours to the President Judge for approval prior to December 1 of the preceding year, unless there are no changes from the preceding year,

CRITICAL

Applies to

Party signed document

A party-signed filing must list the party’s name, address, and telephone number under the signature line, include applicable fax, email, and bar-identification details, and prefix a listed bar number with the state abbreviation.

Any document signed by a party for filing shall contain under the signature line the name, address, and telephone number of the party, and the facsimile number, e-mail address, and Pennsylvania or other state bar identification number, if applicable. When listing the bar identification number, the state’s postal abbreviation shall be used as a prefix (e.g., PA 12345; NY 246810).

CRITICAL

Applies to

Application for change of name

The name-change application must be filed with the Clerk of Orphans' Court and is exempt from the requirements in York R.C.P. 205.2 as stated in York R.C.P. 5730(a).

The application for change of name shall be filed with the Clerk of Orphans' Court and does not have to comply with the requirements in York R.C.P. 205.2 as stated in York R.C.P. 5730 (a).

CRITICAL

Applies to

Petition

Facts supporting the petition that petitioners cannot verify must be stated in an affidavit accompanying the petition.

Facts supporting the petition that cannot be verified by the petitioner(s) shall be stated in an affidavit accompanying the petition.

CRITICAL

Applies to

Petition

The petition must include a copy of the notice served under the cited rules.

(7) A copy of the notice served pursuant to Pa.R.O.C.P. 3.5(b) and York O.C. Rule 5.50.1(d), below.

CRITICAL

Applies to

Injunction application

An application for a preliminary or special injunction must use the form and include the information required by York R.C.P. 205.2.

(b) An application for preliminary injunction or special injunction shall be in such form and contain the information required by York R.C.P. 205.2.

CRITICAL

Applies to

Petition

The petition must include copies of documents supporting the specified averments.

(b) The following exhibits shall be attached to the petition: (1) A copy of any documents which support the averments made under (a)(1), (2), (3), (5), or (6) above;

CRITICAL

Applies to

Entry of appearance

The filing party must file an entry of appearance executed by each self-represented party.

pursuant to Pa.R.C.P. No. 1930.8, the filing party shall also file an entry of appearance form executed by each self-represented party; and

CRITICAL

Applies to

Petition for leave to withdraw appearance

A petition for leave to withdraw an appearance must state whether a proceeding is pending, its nature and next court date, and that the client was sent all prior court orders requiring action.

A Petition requesting leave to withdraw an appearance shall: (i) State whether any court proceeding is pending, the nature of the pending proceeding, and the next court date of any proceeding; (ii) State that the attorney has sent to the client all prior court orders, if any, which require the client to take any action;

CRITICAL

Applies to

Proposed rule

If a motor-vehicle ownership or title application proceeds as a petition, its accompanying Rule must state the date by which a response is to be filed.

(b) Applications to obtain ownership of or title to a motor vehicle. If proceeding as a petition, the Rule accompanying this petition must include provisions for a date by which a response shall be filed.

CRITICAL

Applies to

Proposed order

A proposed order must not be filed with the Prothonotary or Clerk of Courts together with the original application.

No proposed orders shall be filed with the Prothonotary or the Clerk of Courts with the original application.

CRITICAL

Applies to

Fee petition

Must include

proposed order

A court-appointed attorney's fee petition must be submitted to the Court Administrator with supporting documentation, an original proposed order, and sufficient conforming copies.

(C) Fee petitions in cases in which an attorney has been appointed by the court shall be submitted, with supporting documentation and an original proposed order with sufficient copies to conform, to the Court Administrator for assignment to a judge.

CRITICAL

Applies to

Petition

The petition must comply with York R.C.P. 2039.1(d), or the petitioner must establish those requirements at the hearing.

The Petition shall comply with the requirements of York R.C.P. 2039.1(d), or if the Petition does not set forth the requirements of York R.C.P. 2039.1(d), the Petitioner shall establish those requirements at the time of the hearing.

CRITICAL

Applies to

Injunction application

The application must say whether relief is sought without notice and a hearing and, if so, state the reasons for requesting ex-parte relief.

(2) The application for a preliminary or special injunction shall clearly state whether the relief is being sought without notice and a hearing, and if so, shall clearly state the reasons for requesting ex-parte relief.

CRITICAL

Applies to

Notice of presentment

The notice of presentment must substantially follow the prescribed form and include its listed caption and information.

Notice shall be substantially in the following form. {Beginning 3 inches from top of page. See Pa.R.C.P. 204.1} IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA NAME OF PLAINTIFF(S) : {CASE NUMBER} : {NAME OF PREVIOUS JUDGE} vs. : {NAME OF ASSIGNED JUDGE} : {NUMBERS OF RELATED CASES} NAME OF DEFENDANT(S) : {TYPE OF ACTION} NOTICE OF PRESENTMENT OF MATTER AT CIVIL MOTIONS COURT TO THE PROTHONOTARY: The following matter is for presentment at civil motions court: Date to be presented: Pleading/matter to be presented: Date(s) conferred, or attempt to confer with all other interested parties: Date(s) moving party sought concurrence of each other party: Date other parties and court administration notified of intended presentment: Date: _________________________ Submitted by {Name of Party} Name of Attorney Address of Attorney Telephone Number of Attorney Facsimile Number of Attorney E-mail address of Attorney

CRITICAL

Applies to

Exception

Exceptions must comply with York R.C.P. 205.2 and be numbered consecutively.

Exceptions shall conform to the requirements of York R.C.P. 205.2 and shall be numbered consecutively.

CRITICAL

Applies to

Petition

The petition materials must include the tax voucher, proof that all taxes were paid, or a statement explaining why the filing or payment has not occurred.

A true and correct copy of the Department of Revenue appraisement/tax voucher, or proof of payment of all taxes, or a statement providing reasons why the filing has not been made or payment has not occurred.

CRITICAL

Applies to

Interim fee petition

An interim fee petition must briefly state the grounds for interim billing and request permission to bill on an interim basis.

(1) The petition shall set forth a brief statement asserting the grounds for considering the case for interim billing, and shall request that interim billing be permitted.

CRITICAL

Applies to

Petition to withdraw appearance

A withdrawal petition must report the prior notice and its date, pending proceedings and the next court date, and that required court orders were sent to the client.

(1) A petition requesting leave to withdraw an appearance shall state that prior notice of intent to withdraw has been given to the client and all parties, and the date on which such notice was given. (2) A petition requesting leave to withdraw an appearance shall state whether any proceeding is pending, the nature of the pending proceeding, and the next date of any court proceeding. (3) A petition requesting leave to withdraw an appearance shall state that the attorney has sent to the client all court orders which require any action to be taken by the client.

CRITICAL

Applies to

Praecipe

Must include

certificate of service

[Attach Certificate of Service with the information required by York R.C.P. 212.3(a)(2).]

[Attach Certificate of Service with the information required by York R.C.P. 212.3(a)(2).]

CRITICAL

Applies to

Petition

Must include

certificate of service

The petition materials must include a copy of the notice served and a certificate of service complying with the cited rules.

A copy of the notice served and certificate of service in compliance with Pa.R.O.C.P. 3.5(b) and York O.C. Rule 5.50.1 (d).

CRITICAL

Applies to

Petition

If a professional guardian is sought, the petition must identify efforts to engage a family member or personal acquaintance and explain why a professional guardian is preferred.

(b) Nomination of Guardian. In the event that a professional guardian is sought, petitioner shall identify efforts to engage a family member or personal friend or acquaintance of the alleged incapacitated person to serve and the reason that a professional guardian is sought over a person familiar to the alleged incapacitated person.

CRITICAL

Applies to

Petition

The petition must include verification addressing Medicare or other liens and, if applicable, the lien amount to be paid.

(3) A letter or other verification from the Department of Human Services or any other subrogation lienholder indicating that there is no Medicare or other lien, or confirmation of the amount of the lien that will be paid under the proposed distribution;

CRITICAL

Applies to

Paternity certificate

In a proceeding to terminate parental rights concerning a child born in Pennsylvania, the petitioner must obtain and provide the court at the hearing an official DHS certificate identifying any paternity acknowledgements or claims on file.

In every proceeding brought to terminate any parental rights as to a child born in the Commonwealth of Pennsylvania, petition shall obtain and provide to the Court at the time of the hearing thereon official certificate obtained from the Pennsylvania Department of Human Services identifying any paternity acknowledgements or paternity claims on file with the Department in accordance with 23 Pa. C.S. § 5103(b) as to each such child as to whom termination of parental rights is sought.

CRITICALCriminal cases

Applies to

Trial list

The trial list must contain, for each case, the specified identifying, scheduling, consultation, and consolidation information, when applicable.

The list shall contain, as a minimum, the following information for each case: (a) docket number; (b) defendant's name; (c) assigned judge's name; (d) defendant's attorney's name, or "self-represented"; (e) prosecuting attorney's name; (f) all information detailed in section (C)(3) above; (g) the date-certain or date-and-judge-certain scheduling information as ordered by the assigned judge, when applicable; and (h) cross-reference to any other case(s) on the list consolidated for trial, when applicable.

CRITICAL

Applies to

Land use appeal

Must include

caption

A land use appeal must include a caption in substantially the stated form and, when applicable, separately numbered paragraphs in the prescribed order containing the listed party, property, chronology, purpose, standing, and appeal-ground information.

A land use appeal shall contain the following information: (1) A caption in substantially the following form: (2) When applicable, in separately numbered paragraphs and in the following order: (i) Name and address of the appellant. (ii) Name and address of the zoning hearing board, governing body or planning commission (“local agency”) which rendered the decision. (iii) Name and address of the applicant to the local agency, if the applicant is not the appellant. (iv) Name and address of the owners, both real and equitable, of any real estate which was the subject of the decision and identification of the real estate. (v) The chronology of the matter, including the following as applicable: (vi) Date of filing application or appeal with zoning officer or other official. (vii) Date of action, if known, of the zoning officer or other official. (viii) Date of appeal from action of zoning officer or other official to local agency or date of filing application with local agency. (ix) Dates of all hearings or meetings of the local agency. (x) Date of written decision or, if applicable, date of deemed decision from which the appeal has been taken. (xi) Date written decision served. (xii) The purpose for which the application was made. (xiii) The basis for appellant’s standing to file the appeal. (xiv) All specific legal and factual grounds for the appeal.

CRITICAL

Attach a true and correct copy of the estate inventory filed with the Register of Wills as Exhibit B and incorporate it by reference.

A true and correct copy of the inventory of the decedent’s estate filed with the Register of Wills is attached hereto as Exhibit “B” and incorporated by reference herein.

CRITICAL

Applies to

Exceptions

Exceptions must list all parties and their addresses and state each exception separately in numbered paragraphs.

Exceptions shall list all parties to the proceedings and their addresses, and shall be separately stated in numbered paragraphs.

CRITICAL

Applies to

Fee petition

A fee petition must display the applicable hourly rate, a services subtotal, and the final dollar amount requested.

(4) An appropriate hourly rate consistent with administrative orders in effect at the time the service was rendered shall be displayed, along with a subtotal of the dollar amounts for the services, and a final dollar total being requested.

CRITICAL

Applies to

Memorandum of principal terms

Within 20 days after mediation ends, the interested parties or their counsel, where appropriate, must sign a memorandum stating whether resolution was reached, any partial or complete resolutions, and unresolved issues for the Court.

Within 20 days of completing mediation, all interested parties, or their counsel, where appropriate, shall sign a memorandum of principal terms, which either shall acknowledge that no resolution was reached, or shall embody the resolutions attained. This memorandum of principal terms shall clearly state partial resolutions or complete resolution attained. The memorandum of principal terms shall include a list of unresolved issues to be determined by the Court. Where appropriate, the principal terms could provide for future review in light of changed circumstances or a change in the operative facts.

CRITICAL

Applies to

Petition

If a writing referenced in Pennsylvania Orphans’ Court Rule 14.2(a)(6)–(a)(8) is not attached, the petition must specifically describe all efforts by anyone to locate it.

(a) (16) If any of the writings referenced in Pennsylvania Orphans’ Court Rule 14.2(a)(6)-(a)(8) are not attached, petitioner shall include a specific averment in the petition which outlines all efforts by anyone to locate said documents;

CRITICAL

Applies to

Transcript request

Transcript requests must use the court-prescribed form; requests using another form must also include the court’s form.

All requests for transcripts shall be submitted to the appropriate filing office utilizing a form prescribed by this court’s district court administrator. Filing offices shall reject any transcript request that is not submitted on this court’s form. Parties seeking to submit the request form approved by the state court administrator, or any other form, shall be required to also submit this court’s request form.

CRITICAL

Applies to

Petition

The petition must state any request for early distribution, alternative deposit, or other deviation from York R.O.C.P. 5.6.2 and provide supporting justification; counsel must be prepared to address its necessity at the hearing.

(xiv) Any special request for early distribution, alternative deposit of funds, or other deviation from the order as set forth in York R.O.C.P. 5.6.2 shall be stated in the Petition with supporting justification for the special request. Counsel shall be prepared to address the necessity for the special request at the time of the hearing.

CRITICAL

Applies to

Injunction application

Must include

proposed order

A proposed injunction order succinctly stating the reasonable relief requested must accompany the application copy given to the Court Administrator, but must not be attached to it.

(c) A proposed preliminary or special injunction order that succinctly sets forth the reasonable relief that the court is being asked to grant shall accompany the copy of the application for relief given to the Court Administrator, but shall not be attached to it.

CRITICALCriminal cases

Applies to

Proposed payment plan

A proposed payment plan must reflect the defendant's verified ability to pay and be submitted to the assigned judge for approval and entry as a court order, without a hearing.

(3) Any proposed payment plan shall reflect the defendant’s verified ability to pay and shall be submitted to the assigned judge for approval and entry as a court order without the necessity of a hearing.

CRITICAL

Applies to

Affidavit

Counsel’s compliance affidavit must attach the order and account documentation, include specified attestations, and substantially follow the prescribed form.

9. Counsel shall file with the Clerk of the Orphans Court of York County, Pennsylvania, within 14 days from the date of deposit of the funds, proof of the establishment of the accounts as required herein, by Affidavit from counsel certifying compliance with this Order. a. Counsel shall attach to the Affidavit a copy of this Order as well as a copy of the Certificate of Deposit or bank account showing the amount deposited and containing the required restrictions. b. The Affidavit shall further contain a specific averment by counsel that counsel, and not the parent(s) and/or guardian(s) of the minor, established the account(s) and deposited the funds therein as directed above and that counsel has provided to the financial institution a certified copy of this Order. c. The Affidavit shall be substantially in the form as set forth in hereinbelow.

CRITICAL

Applies to

Records inspection request

A records request must identify the requester and contact information, state whether copies are sought and in what format, and describe the requested records with sufficient specificity.

(1) The request shall identify the person making the request, the person's address and telephone number, and whether the request is to copy records and if so, in what format, and shall identify or describe the records with sufficient specificity to enable the Court Administrator to ascertain which records are being requested.

CRITICAL

Applies to

Office hours schedule

Magisterial District Judges must post the office-hours schedule in a conspicuous place at the office at least annually.

and shall post the schedule at least annually in a conspicuous place at the office, pursuant to Rule 103 of the Pennsylvania Rules of Conduct for Magisterial District Justices.

CRITICAL

Applies to

Application

A motor-vehicle application must be verified and include how the applicant obtained the vehicle, certified Department of Transportation search results, and the vehicle’s year, make, model, and identification number.

(ii) The application shall be verified, and contain a statement of how the applicant came to possess the vehicle, a certified copy of the results of a Department of Transportation records search to identify any previous owner of record, and shall contain a specific description of the vehicle, including year, make, model, and vehicle identification number.

CRITICAL

Applies to

Petition for adjudication statement of proposed distribution

Counsel for the accountant must certify that counsel examined the last recorded deed or its record and that the submitted description exactly matches the deed's description.

Counsel for the accountant shall certify that he has examined the last recorded deed or the record thereof in the public office for the recording of deeds in the county in which the real estate is located and that the description submitted is a true and exact copy of the description contained in the recorded deed.

CRITICALCriminal cases

Applies to

Bench warrant vacatur order

At the conclusion of the bench warrant hearing and disposition, the judge must immediately vacate the warrant using an order substantially in the prescribed form.

At the conclusion of the bench warrant hearing following the disposition of the matter, the Judge shall immediately vacate the bench warrant, using an ORDER which shall be substantially in the form as prescribed by the President Judge or designee.

CRITICAL

Applies to

Petition

If the minor is deceased, the petition must list sufficient reasons and legal authority for a request to allocate funds to the minor’s parents or settlement proceeds among the minor’s children, if applicable.

(xii) In the event of a deceased minor, sufficient reasons and legal authority shall be listed for any request that funds be allocated to the parents of deceased minor or any request to allocate settlement proceeds among children of a deceased minor, if applicable;

CRITICAL

Applies to

Petition

The petition must include a specific list of costs sought to be reimbursed from the gross settlement.

(viii) A specific list of costs sought to be reimbursed from the gross settlement;

CRITICAL

Applies to

Notice to trial judge

The moving party must notify the trial judge in writing whether the specified matters are complete and whether the case is ripe for disposition.

The moving party or parties shall notify the trial judge in writing that the above matters have been completed, or not completed as the case may be, and that the case is ripe for disposition on post-trial relief.

CRITICAL

Applies to

Praecipe for disposition

A party seeking a decision on a contested legal issue under York R.C.P. 1035.2(a) must file a Praecipe for Disposition.

In order to obtain a decision from the Court on any contested legal issue, a party must file a Praecipe for Disposition accordance with York R.C.P. 1035.2(a).

CRITICAL

Applies to

Name change petition

Must include

proposed order

A name-change petition must be accompanied by a separate original proposed order bearing a brief descriptive title.

(3) An original proposed order, with a brief title describing the nature of the proposed order, shall accompany the petition, but shall not be attached to it.

CRITICAL

Applies to

Application or document requiring judicial signature or court action

A party must first file the original with the clerk of courts when filing an application or other document requiring a judge’s signature or court action.

Any party filing an application or other document which requires the signature of a judge or action by the court, including an emergency custody application filed in a dependency action or a dependency petition, shall first file the original document with the clerk of courts.

CRITICAL

Applies to

Arbitration referral

The arbitration referral document must state the hearing length required.

The party who refers the case for arbitration shall note the length of time required for the hearing on the document requesting arbitration.

CRITICAL

Applies to

Hearing

Must include

proposed order

At the hearing, petitioner’s counsel must present a proposed order substantially in the form specified by York R.C.P. 2039.2(b).

(e) At the time of the hearing, counsel for petitioner shall present a proposed order substantially in the form set forth in York R.C.P. 2039.2(b).

CRITICAL

Applies to

Withdrawal request

Money paid into court may be withdrawn only by court order or by a written stipulation signed by all parties and filed with the appropriate clerk.

(B) Money paid into court may be withdrawn only on order of the court or by written stipulation signed by all parties to a matter and filed with the Prothonotary, Clerk of Courts, or Clerk of the Orphans' Court, as the case may be.

CRITICAL

Applies to

Petition

The petition must provide both parents' names and addresses or, if either parent is not identifiable, explain the absence and attach related documentation as an exhibit.

(ii) The names and addresses of both of the minor’s parents. If one or both of the minor’s parents are not identifiable, the Petition shall set forth the reasons for their absence and attach as an exhibit any related documentation;

CRITICAL

Applies to

Petition

A petition for a private sale, exchange, or option involving real property must conform, insofar as appropriate, to the requirements for a petition under York O.C. Rule 5.10.1.

(A) A petition for the private sale or exchange of real property at a private sale or for the exchange or granting of an option for the sale or exchange of real property shall conform insofar as appropriate to the requirements of a petition under York O.C. Rule 5.10.1.

CRITICAL

Applies to

Joint statement of stipulated facts and issues

The parties must file a joint statement of stipulated facts and issues with the prothonotary.

The parties shall file the joint statement of stipulated facts and issues with the prothonotary at least one (1) week prior to trial, unless otherwise directed by the court.

CRITICAL

Applies to

Fee petition

A fee petition must include or attach itemized billing showing service dates, time spent, and the nature of the services.

(3) An itemized billing reflecting the dates, time spent, and nature of the services shall be included in or attached to the petition.

CRITICALCriminal cases

Applies to

Brief

Briefs must include complete and accurate citations of authorities, a procedural history, a statement of the questions involved, and argument.

(1) All briefs shall be typewritten, and shall contain complete and accurate citations of all authorities. Briefs shall contain a procedural history of the case, a statement of the questions involved, and argument.

CRITICAL

Applies to

Motion

A motion represented as uncontested must include counsel’s certification that counsel conferred with all interested parties, disclosed the full motion and proposed order, and confirmed the relief is uncontested.

(2) A motion that is represented to be uncontested shall contain a certification by counsel for the moving party that counsel has conferred with all interested parties, the full text of the motion and proposed order has been disclosed, and that the requested relief is uncontested.

CRITICAL

Applies to

Proof of deposit

The proof of deposit must be filed by affidavit substantially in the form specified by York R.C.P. 2039.2(c).

(g) Within 14 days of depositing the funds belonging to the minor, counsel for petitioner shall file proof of deposit by way of an affidavit substantially in the form set forth in York R.C.P. 2039.2 (c).

CRITICAL

Applies to

Inter vivos trust instrument

When the court exercises jurisdiction over an inter vivos trust, the original trust documents or copies certified as true and correct must be lodged with the Clerk, who will record them electronically and return them to the filer named on the docket.

When the court is required to exercise its jurisdiction over an inter vivos trust, the original trust instrument, all amendments, restatements, and revocations, or copies certified to be true and correct, shall be lodged with the Clerk, who shall scan or otherwise record electronically and then return to the filer, whom the Clerk shall name on the docket.

CRITICAL

Applies to

Petition

Discovery petitions must describe informal resolution efforts, the discovery sought, and why it is necessary and relevant.

(c) Petitions filed pursuant to this rule shall include a description of all efforts made to resolve discovery issues informally. Petitions shall also state the identity of the persons who are to be deposed, the testimony that is to be perpetuated, the documents that are to be produced, and a description of any other discovery requested. The petition shall also state the reasons why the aforementioned discovery is necessary and relevant to the litigation.

CRITICAL

Applies to

Application or other document

A party must first file the original of an application or other document requiring a judge’s signature or court action with the Prothonotary or Clerk of Courts, as applicable.

Any party filing an application or other document which requires the signature of a judge or action by the court shall first file the original document with the Prothonotary or the Clerk of Courts, as the case may be.

CRITICAL

Applies to

Petition

The petition must state whether any additional counsel fees were or will be paid for representing respondents and subrogation claims.

(xi) A statement of whether any additional counsel fees were paid or will be paid as a result of representing the Respondent(s) and subrogation claims;

CRITICAL

Applies to

Document delivered to court administrator

Each document delivered to the Court Administrator for assignment must be accompanied by sufficient copies of the proposed order for conforming and service on parties not served electronically.

(3) Sufficient copies of the proposed order for conforming, and for service on all parties who will not be served by electronic means shall accompany each document delivered to the Court Administrator for assignment to a judge.

CRITICAL

Applies to

Discovery motion

(1) A moving party shall file a Certification of Good Faith for every motion relating to discovery that the party has conferred, or attempted to confer, with all interested parties in an attempt to resolve the

(1) A moving party shall file a Certification of Good Faith for every motion relating to discovery that the party has conferred, or attempted to confer, with all interested parties in an attempt to resolve the

CRITICAL

Applies to

Praecipe

Must include

certificate of service

A praecipe must have an attached certification of service identifying all counsel of record, whom they represent, all unrepresented parties, and their addresses and telephone numbers.

Copies of the praecipe shall be sent by the moving party to all counsel and unrepresented parties of record. A certification of service identifying all counsel of record, who they represent, and all unrepresented parties, with addresses and telephone numbers shall be attached to the praecipe.

CRITICAL

Applies to

Writing accompanying petition for adjudication statement of proposed distribution

When distribution in kind is proposed, a signed and acknowledged writing stating the election, assets, values, and requested distribution must be filed with the petition, subject to the stated exceptions.

Whenever unconverted personalty or realty is included in the balance of an account and distribution thereof in kind is proposed, a writing shall be filed with the Petition for Adjudication/Statement of Proposed Distribution, signed by the prospective distributee(s) and acknowledged before a person duly authorized to take acknowledgments, setting forth the election to take in kind, designating clearly and accurately the particular asset(s) included in the election, stating the values at which said asset(s) shall be allotted, and requesting the Court to order distribution accordingly; provided that the foregoing rule shall not apply in the following instances: (A) When the distribution is in satisfaction of a specific bequest or devise; (B) When the proposed distributee has, in a proper fiduciary capacity, stated or joined in the statement of the account and executed and verified the Petition for Adjudication/Statement of Proposed Distribution or; (C) When the will specifically authorizes the accountant to make distributions in-kind.

CRITICAL

Applies to

Injunction application

The application must be filed under York R.C.P. 205.1, and the applicant must give a copy to the Court Administrator for assignment to a judge.

The application shall be filed in accordance with the requirements set forth in York R.C.P. 205.1, and the applicant shall cause a copy of the application to be given to the Court Administrator for assignment to a judge.

CRITICAL

Applies to

Petition

The petition must include the verification stating that the petitioner verifies the facts under the penalties of 18 Pa. C.S.A. §4904.

The undersigned Petitioner hereby verifies, subject to the penalties of 18 Pa. C.S.A. §4904 (relating to unsworn falsification to authorities), that the facts set forth in the foregoing petition which are within his (her) knowledge are true, and, as to the facts based on information received, after diligent inquiry, he (she) believes them to be true.

CRITICAL

Applies to

Exhibit tracking index

Each proponent must annotate the original exhibit tracking indexes throughout the proceeding.

(4) Each proponent shall annotate the original exhibit tracking indexes throughout the proceeding.

CRITICAL

Applies to

Petition

The Rule accompanying a petition for return of property not involved in a criminal proceeding or forfeiture action must provide the hearing date, time, and place.

(c) Application for return of property otherwise seized by governmental agency or entity, and which has not been the subject of a criminal proceeding or forfeiture action. (The rule accompanying this petition shall include provisions for the date, time, and place for a hearing.)

CRITICAL

Applies to

Petition

The petition must include a Department of Revenue letter or other verification indicating no objection to the proposed distribution.

(2) A letter or other verification from Department of Revenue indicating no objection to the proposed distribution between the survival and wrongful death actions;

CRITICAL

Applies to

Application for leave to withdraw appearance

An application for leave to withdraw and its proposed order must state the client’s last known address and telephone number.

The application and proposed order shall contain the last known address and telephone number of the client.

CRITICALCriminal cases

Applies to

Proposed order

A proposed order on a continuance must include space to set an alternate date and time for the rescheduled de novo trial.

The proposed order shall include space for the setting of an alternate date and time for the rescheduled de novo trial.

CRITICAL

Applies to

Exceptions and responses

When exceptions to the master’s report are timely filed, the moving parties and respondents must cite transcript page numbers supporting their positions on every issue raised.

If any party timely files exceptions to the master's report pursuant to York R.C.P. 208.3(B), the moving parties and respondents shall cite to the page numbers of the transcript that support their respective positions on all issues raised by the exceptions and responses,

CRITICAL

Applies to

Praecipe for disposition

A party seeking a decision on a contested legal issue under York R.C.P. 1034(a) must file a Praecipe for Disposition.

In order to obtain a decision from the Court on any contested legal issue, a party must file a Praecipe for Disposition accordance with York R.C.P. 1034(a).

CRITICAL

Applies to

Affidavit

If the moving party cannot determine whether the adverse party is in military service, the affidavit must say so.

(b) If the moving party is unable to ascertain whether the adverse party is in military service, the moving party shall so state in the affidavit.

CRITICAL

Applies to

Ada complaint form

A person filing an ADA complaint must complete the complaint form and return it to the ADA Coordinator.

Complete the complaint form and return it to the ADA Coordinator at the address provided at the end of this policy document.

CRITICAL

Applies to

Petition

Proposed findings of fact and a proposed final decree must be filed with the petition or electronically provided to chambers at least three business days before the hearing.

(3) Proposed findings of facts and proposed final decree shall be filed contemporaneously with the petition or electronically provided to chambers at least three (3) business days prior to the hearing;

CRITICAL

Applies to

Brief

Must include

certificate of service

A certificate of service must be filed with the prothonotary for briefs.

Copies of briefs shall be promptly served on all parties and a certificate of service shall be filed with the prothonotary.

CRITICAL

Applies to

Petition

When guardianship of the estate is sought, the petition must detail efforts to determine the estate’s gross value, income sources, and assets.

(iii) a detailed averment by petitioner outlining all efforts made to determine the gross value of the estate, any income source and identification of all assets belonging to the alleged incapacitated person.

CRITICAL

Applies to

Petition

The petition must state the intent to offer an expert report instead of testimony and identify the physician, last evaluation date, and supporting medical findings.

(2) include in the petition, a statement of the intention to offer a report in lieu of testimony which identifies the name of the physician, date of last evaluation and specific identification of findings of the medical professional that supports the allegations in the petition.

CRITICAL

Applies to

Petition

The petition materials must include an itemized list of prior disbursements identifying each date, payee, and disbursement category.

An itemized list of disbursements made prior to the filing of the petition, indicating the date, name of the payee and whether the disbursements were in payment of administration expenses, preferred or ordinary debts, items of distribution or the family exemption;

CRITICAL

Applies to

Petition

The petition materials must include original Consents, Joinders, and Letters of No Objections signed by interested parties.

Original Consents, Joinders, and Letters of No Objections signed by interested parties.

CRITICAL

Applies to

Name change petition

Name-change petitions must satisfy the cited statutory and local-rule requirements.

(1) Petitions shall meet the requirements of 54 Pa.C.S. Sec. 701(a.1) and York R.C.P. 205.2.

CRITICAL

Applies to

Default judgment

Before filing a default judgment, the moving party must file the required affidavit stating whether the adverse party is in military service.

(a) No judgment by default shall be filed unless the moving party shall have first filed the affidavit required by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. §521, stating whether the adverse party is in military service as therein defined.

CRITICALCriminal cases

Applies to

Petition for enforcement or contempt

A petition for enforcement or contempt must include all payments received and the current balance due.

(3) The petition for enforcement or contempt shall include a summary of all payments received and the current balance due.

CRITICAL

Applies to

Praecipe

A party wishing to proceed to trial in a tax-assessment appeal ready for trial must file a praecipe listing the matter for a pretrial conference under York R.C.P. 212.3.

When an appeal from a tax assessment is ready for trial, any party thereto who desires to proceed to trial shall file a praecipe listing the matter for a pretrial conference in compliance with York R.C.P. 212.3.

CRITICAL

Applies to

Evidence of notice

Petitioners must comply with the notice-evidence requirements in York R.C.P. 5730(b) and (c)(1).

(2) Evidence of Notice. Petitioners shall comply with the requirements in York R.C.P. 5730(b) and (c) (1).

CRITICAL

Applies to

Proposed order

When Pa.R.C.P. No. 236 notice is required, the moving party must identify the parties to be notified in the proposed order and provide sufficient copies with addressed, stamped envelopes, except for parties receiving electronic notice; current-business matters may bring these materials to the session.

(4) Where notice of the entry of any order is required under Pa.R.C.P. No. 236, the moving party shall include in the proposed order the names of the parties who are required to be notified, and shall provide sufficient copies of the proposed order, with stamped envelopes addressed to those parties bearing the return address of the Prothonotary, so notice can be made, unless notice will be made to a party by electronic means. For matters that will be presented at current business, the copies of the proposed orders and the stamped envelopes may be presented at the current business sessions at which the matter is presented, instead of being delivered to the Court Administrator as required by (3) above.

CRITICAL

Applies to

Continuance application

Must include

proposed order

A party requesting a continuance must arrange it and prepare an application in the court-approved standard form that includes a proposed order changing the conference date.

(C) Continuance. Should a party request a continuance of the established date, the party requesting the continuance shall be responsible for arranging such continuance, which shall include the preparation of an application for continuance in the standard form approved by the court, which includes a proposed order for the change of conference date.

CRITICAL

Applies to

Petition

A guardian's petition for public sale must conform insofar as appropriate to the rule's personal-representative petition requirements and state the four specified facts about the protected person, notice, property interests, and best interests.

A petition by a guardian to sell real property at public sale shall conform insofar as appropriate to the requirements for a petition under York O.C. Rule 5.10.1 and shall set forth: (1) The age of the minor or the date of adjudication of incapacity; (2) The names of the nest of kin of the minor or incapacitated person, and the notice given to them of the presentation of the petition; (3) The nature and the extent of the interests of the minor or incapacitated person and of any others in the real property; and (4) Sufficient facts to enable the Court to determine that the sale is in the best interests of the minor or the incapacitated person.

CRITICAL

Applies to

Petition

A minor’s action may be compromised, settled, or discontinued only with court approval following a guardian’s petition and a court hearing.

(a) No action to which a minor is a party shall be compromised, settled, or discontinued except with court approval pursuant to a petition presented by the guardian of the minor and a hearing before the court.

CRITICAL

Applies to

Exhibits

At least ten days before trial begins, the parties must check the official court record to confirm that exhibits to be admitted under the rule are in the court file.

(1) At least ten days prior to the first day of trial, the parties shall examine the official court record to ascertain that any exhibits to be admitted pursuant to this rule are in the court file.

CRITICAL

Applies to

Petition

The petition must provide the mailing addresses of the respondent insured party and the insurance company entering the settlement agreement on the insured's behalf.

(v) The mailing address of the Respondent(s) entering into the settlement agreement, for both the Insured Party and the Insurance Company entering the settlement agreement on behalf of the Insured;

CRITICAL

Applies to

Proposed order

Must include

proposed order

A proposed order seeking permission for the Sheriff to break and enter must state the premises' address and whether it is commercial or residential.

In any application made to the Court to permit the Sheriff to break and enter a premises, the proposed order shall state the address of the premises to be entered and shall describe whether the premises is a commercial or residential establishment.

CRITICAL

Applies to

Motion

A motion must include the moving party’s certification that concurrence was sought from each party and that each party either concurred or contests the motion.

(1) A motion to the court shall contain a certification by the moving party that the party has sought concurrence in the motion from each party and that each party has either concurred in the motion or contests the motion.

CRITICAL

Applies to

Motion

An appeal from re-taxed costs must be brought by a motion specifying the items objected to.

(1) Within three (3) days after the re-taxation of costs, any party may file an appeal therefrom, by filing a motion which specifies the items objected to.

CRITICAL

Applies to

Proposed order

At the hearing, petitioner’s counsel must present a proposed settlement-approval order substantially in the form set forth in York R.C.P. 2039.2(b).

At the time of the hearing, counsel for the Petitioner shall present a proposed Order approving settlement substantially in the form as set forth in York R.C.P. 2039.2(b).

CRITICAL

Applies to

Assessment appeal

An appellant must file an assessment appeal stating its basis with the Prothonotary to initiate a tax-assessment appeal.

An appeal from a tax assessment determination to the Court of Common Pleas shall be initiated by appellant filing an assessment appeal with the Prothonotary setting forth the basis for the appeal.

CRITICAL

Applies to

Fee petition

A juvenile dependency fee petition may request reimbursement for multiple cases if each case is identified by caption and number and its billing information is limited to that case.

(1) The petitions may include requests for reimbursement in multiple cases, so long as each case is clearly identified by caption and number, and the supporting billing information only pertains to each individual case.

CRITICAL

Applies to

Board report

The board’s report must include the parties’ and attorneys’ names and addresses, a brief factual and procedural history, and findings of fact, at a minimum.

The report of the board shall include, at a minimum: (1) The names and addresses of all parties to the matter, and their attorneys, if any; (2) A brief recitation of the factual and procedural history of the matter; (3) Findings of fact;

CRITICAL

Applies to

Petition

The petition must include an affidavit from the parents or guardians addressing the minor's physical condition, reasons for approving the settlement, and whether they sought independent legal counsel for the minor before accepting it.

(vii) An affidavit of the parents and/or guardians, certifying the physical condition of the minor and reasons why the parents and/or guardians approve of the settlement, and whether the parents and/or guardians sought independent legal counsel on behalf of the minor prior to accepting the terms of the settlement;

CRITICAL

Applies to

Petition

The Rule accompanying a petition to impose sanctions must provide the hearing date, time, and place.

(a) Applications to impose sanctions. (The Rule accompanying this petition shall include provisions for the date, time and place for a hearing.)

CRITICAL

Applies to

Petition

The petition must state any actual or potential Department of Human Services lien and how the lien has been resolved.

(xiii) A statement of any actual or potential lien of the Department of Human Services and how such liens have been resolved; and

CRITICAL

Applies to

Surety affidavit

A proposed individual surety must submit an affidavit to the Clerk containing the information the Clerk requires.

Individuals proposed as sureties on bonds of fiduciaries shall make an affidavit to the Clerk, setting forth such information as the Clerk shall require.

CRITICAL

Applies to

Hearing submission

At the hearing, all parties must be prepared to calculate any bond amount and explain the calculation to the court.

(b) All parties shall be prepared to calculate the amount of a bond, if any, and shall be prepared to explain the calculation to the court at the time of the hearing.

CRITICAL

Applies to

Request for payment

The payment request must be accompanied by a Chairperson’s Term Report specifying the number of cases.

Within thirty days following the end of an arbitration period, the Arbitration Chairperson for the Board shall file a request for payment with the Prothonotary, in the form prescribed by the District Court Administrator in consultation with the Committee, along with a Chairperson’s Term Report specifying the number of cases

CRITICAL

Applies to

Proposed rule

A petition must be filed as provided in York R.C.P. 205.1, and its proposed Rule must follow Pa.R.C.P. No. 206.5(d) unless these Rules provide otherwise.

(3) The petition shall be filed as provided in York R.C.P. 205.1. The proposed rule shall be in the form prescribed in Pa.R.C.P. No. 206.5(d), unless otherwise set forth by these Rules.

CRITICAL

Applies to

Petition

The Rule accompanying a petition for return of property under 42 Pa.C.S. § 6802 must provide the hearing date, time, and place.

(b) Applications for return of property pursuant to 42 Pa.C.S. Sec. 6802. (The Rule accompanying this petition shall include provisions for the date, time and place for a hearing.)

CRITICAL

Applies to

Adoption petition

Each household member over 18 must have criminal-history and child-abuse clearances completed within one year of the adoption petition filing.

(b) (4) Adult Household Member Clearances. Criminal history records information and child abuse clearance certificates, completed within one (1) year of the filing the petition, are required for each individual over the age of eighteen (18) who resides in the household of petitioners.

CRITICAL

Applies to

Discovery motion

A moving party’s discovery motion must include a substantially conforming good-faith certification describing the efforts to resolve the discovery dispute, or unsuccessful efforts to contact opposing counsel or an unrepresented party.

The Certification of Good Faith shall be substantially in the following form: GOOD FAITH CERTIFICATION: [Beginning 3 inches from top of page. See Pa.R.C.P. No. 204.1] IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA NAME OF PLAINTIFF(S) : [CASE NUMBER] : [NAME OF PREVIOUS JUDGE] vs. : [NAME OF ASSIGNED JUDGE] : [NUMBERS OF RELATED CASES] NAME OF DEFENDANT(S) : [TYPE OF ACTION] Moving Party Certification of Good Faith Pursuant to York R.C.P. 208.2(e)(2) The undersigned counsel for movant [or self-represented movant] hereby certifies that: a. He or she has had the contacts described below with opposing counsel or unrepresented party regarding discovery matter contained in the foregoing discovery motion in an effort to resolve the specific discovery dispute(s) at issue and, further, that despite all counsel’s good faith attempts to resolve the dispute(s), counsel have been unable to do so. Description: b. He or she has made good faith but unsuccessful efforts described below to contact opposing counsel or unrepresented party in an effort to resolve the discovery dispute. Description: CERTIFIED TO THE COURT BY: ____________________________________________ Attorney for Movant (name party) [or self-represented movant] Date: Note: The Signature of Respondent’s Counsel is not Required

CRITICAL

Applies to

Injunction application

Counsel filing an ex-parte application must be prepared to present it personally to the assigned judge.

(d) Counsel filing an application for ex-parte relief shall be prepared to personally present the application to the assigned judge.

CRITICAL

Applies to

Motion to appoint master

A motion seeking appointment of a master solely for a discovery issue must include the fully executed discovery status conference information sheet prescribed by the master.

If the moving party seeks appointment of a master solely to address a discovery issue, the filing party must include as an attachment to the motion to appoint a master a fully executed discovery status conference information sheet as prescribed by the master.

CRITICAL

Applies to

Exception

Each exception must state its specific ground and must not include discussion.

Each exception shall specifically set forth the ground therefor but shall not contain any discussion.

CRITICAL

Applies to

Petition

The petition must state that notice of presentation was given to the specified beneficiaries and heirs.

(9) A statement that notice of the presentation of the petition has been given to all beneficiaries named under the decedent’s will, if the decedent died intestate, and to the decedent’s intestate heirs, whether the decedent died testate or intestate.

CRITICAL

Applies to

Injunction application

The application must state what notice was given to each other party and, for any party not notified, what steps were taken to try to provide notice.

The application shall clearly state what notice was given to all other parties to the action, and if no notice was given to a party, shall clearly state the action taken in an attempt to notify a party.

CRITICAL

Applies to

Notice of suit

A published notice of suit must identify all parties and the suit’s subject matter, and describe any real property sufficiently to identify its location.

(d) When publication of notice of suit is ordered, the notice shall contain, in addition to the information set forth in Pa.R.C.P. No. 430(b)(1), sufficient information to identify all parties to the action, the nature of the subject matter of the suit, and if the suit involves any claim to or about real property, a description of the real property sufficient to identify its location.

CRITICAL

Applies to

Petition

When guardianship of the estate is sought, the petition must state whether the proposed guardian has been charged with or convicted of a non-traffic crime and, if so, identify the charge, court, and final disposition.

(v) a statement whether the proposed guardian has been charged or convicted of a crime, not including a traffic offense. If so, state the charge, the court, and the final disposition.

CRITICAL

Applies to

Motion for disposition of uncontested matter

A party seeking an order on an uncontested or stipulated motion must file a motion for disposition complying with York R.C.P. 205.1 and include the certificate specified in York R.C.P. 208.2(d)(2).

In order to obtain an Order from the Court on any uncontested or stipulated motions, a party must file a motion for disposition of an uncontested matter in compliance with York R.C.P. 205.1, provided that the motion includes the certificate as set forth in York R.C.P. 208.2(d)(2).

CRITICAL

Applies to

Attorney appointment solicitation response

Attorneys responding to the appointment solicitation must warrant their relevant experience and include current proof of professional liability insurance.

(2) Those attorneys responding to the solicitation shall warrant that they have experience in the areas for which they seek appointment, and shall include a copy of their professional liability insurance declarations page, or other proof of professional liability insurance, now in effect, with the response.

CRITICAL

Applies to

Application for special relief

An application for special relief or an injunction may not be filed unless a complaint was filed earlier or concurrently, except in freedom-of-expression or labor-dispute cases.

(a) No application seeking special relief, a preliminary injunction or special injunction shall be filed unless a complaint has been filed prior to or concurrently with the filing of the application, unless the application involves freedom of expression or a labor dispute.

CRITICAL

Applies to

Praecipe

A party requesting a hearing when additional testimony or evidence is needed must file a praecipe and transmit a copy to the Court Administrator.

Exceptions shall be decided by one judge pursuant to York R.C.P. 208(3)(b), unless additional testimony or evidence is required to decide the exceptions, in which case, a party requesting a hearing shall file a praecipe requesting such and cause a copy of the praecipe to be transmitted to the Court Administrator for assignment to a judge.

CRITICAL

Applies to

Bill of costs

The filing party or its attorney must verify the bill of costs as correct and verify the witnesses’ attendance and materiality.

(2) The bill shall be verified by the party filing it or his attorney. The verification shall state that the bill of costs is correct, that the witnesses named were actually present in court and that in the opinion of the affiant they were material witnesses.

CRITICAL

Applies to

Evidence

FBI identity verifications and records for the specified people must be offered into evidence at the hearing on the petition to appoint a guardian of the minor's person.

(i) The verification(s) of identity and record(s) obtained from the Federal Bureau of Investigation for the person(s) stated above shall be offered into evidence at the hearing on the petition to appoint a guardian of the person of the minor.

CRITICAL

Applies to

Application

An application appealing a PennDOT determination must comply with York R.C.P. 205.1 and 205.2 and be filed in the Office of the Prothonotary.

(c) An application to the Court which has the effect of appealing any determination of PennDOT shall conform to the requirements of York R.C.P. 205.1 and 205.2, and shall be filed in the Office of the Prothonotary.

CRITICAL

Both parties and their counsel must attend all conferences unless the master excuses them in advance.

Both parties and their counsel shall attend all conferences unless excused in advance by the master.

CRITICALCriminal cases

Applies to

Order to appear

An order directing a defendant to a payment-plan or contempt hearing must warn that failure to appear may result in a bench warrant and contempt proceedings.

(1) Any order directing a defendant to appear for a payment plan or contempt hearing shall include notice that failure to appear may result in the issuance of a bench warrant and possible contempt proceedings.

CRITICAL

Applies to

Praecipe to list for disposition

Must include

certificate of service

The praecipe form must have an attached certificate of service containing the information required by York R.C.P. 208.3(b)(5)(c).

(Attach Certificate of Service with information required by York R.C.P. 208.3(b)(5)(c).)

CRITICAL

Applies to

Motion for mediation

A motion for mediation must identify the proposed mediator and fee source, participating parties and counsel, interested parties with diminished capacity or legal disabilities, and the initial conference date if known.

The motion for mediation shall identify: (1) The proposed mediator and the proposed source of payment of fees and costs of the mediator; (2) Names and contact information of all interested parties and any counsel who shall participate in the mediation; (3) Names and information regarding any interested parties having diminished capacity or a legal disability, whose interests must be adequately protected; and (4) The scheduled date for the initial mediation conference, if known in advance.

CRITICAL

Applies to

Mediation filing

The agreed memorandum or statement of no resolution, together with a petition to approve any agreement, must be filed with the Clerk of the Orphans’ Court and a copy served on the presiding judge.

The memorandum of principal terms agreed upon, or the statement of no resolution, together with a petition to approve any agreement reached by the parties shall be filed with the Clerk of the Orphans’ Court and a copy served on the presiding judge.

CRITICAL

Applies to

Electronically filed document

Electronically filed documents must bear the authorized filer’s facsimile or typographical signature; attorney-filed documents must also include the specified typed contact information and the attorney’s Pennsylvania bar number.

Each electronically filed document shall be deemed to have been signed by the attorney or party represented by an attorney authorizing such filing and shall bear a facsimile or typographical signature of such person, e.g. “/s/ Adam Attorney”. Each document electronically filed by an attorney shall also include the typed name, address, and telephone number of the attorney or unrepresented party filing such document. Attorneys shall include their Pennsylvania bar number.

CRITICAL

Applies to

Petition

Leave for the specified discovery must be requested by petition and supported by cause, unless the parties agree or a statute or rule requires the discovery.

(b) Leave to take depositions, or to perpetuate testimony, or to obtain discovery or the production of documents, may be granted only on petition upon cause shown, except upon agreement of parties and counsel, or except when such depositions, perpetuation of testimony or other discovery tools are required by statute or rule (e.g., in a guardianship proceeding).

CRITICAL

Applies to

Written receipt

A person authorized to remove a file or document must give the appropriate clerk a written receipt at removal identifying who removed it or on whose behalf, and is responsible for its custody and return.

(B) Every person authorized to remove a file or document shall at the time of removal give to the Prothonotary, Clerk of Courts, or Clerk of the Orphans’ Court, a written receipt for the same identifying the person by whom, or on whose behalf, the item is removed, and such person shall be personally responsible for the custody and return of the item.

CRITICAL

Applies to

Praecipe

A praecipe listing a matter for one-judge disposition must identify any judge, other than the motions court judge, to whom the case was previously assigned.

The praecipe shall include the name of any judge (other than motions court judge) to whom the case was previously assigned.

CRITICAL

Applies to

Praecipe

Must include

caption

The praecipe must include the dependency action caption and the reason for discontinuance, with the applicable details specified in the rule.

the praecipe shall include the caption of the dependency action and the reason for the request to discontinue the pending action, including:

CRITICAL

Applies to

Pretrial statement

Pre-trial statements must list all trial exhibits and concisely describe each so it can be identified.

The pre-trial statement shall list all exhibits that will be proffered at trial. Each exhibit shall be described concisely so that it can be easily identified.

CRITICAL

Applies to

Joint statement

The parties must prepare a joint statement listing the exhibits, expected witnesses, contested issues, and factual stipulations, and present it to each arbitrator at the start of arbitration.

(c) Preparation of Joint Statement: The parties shall prepare a joint statement listing all exhibits, all witnesses expected to be called at the arbitration hearing, the contested issues, and stipulations of facts. The statement shall be presented to each arbitrator at the start of the arbitration.

CRITICAL

Applies to

Bill of costs

A witness-attendance bill of costs must list each witness’s name, attendance date, miles traveled, and place from which mileage is claimed.

(1) A bill of costs as to attendance of witnesses shall include the names of the witnesses, the date of their attendance in court, the number of miles actually traveled by them and the place from which mileage is claimed.

CRITICAL

Applies to

Document delivered to court administrator for assignment

Must include

proposed order

Each document delivered to the Court Administrator for assignment must be accompanied by an original proposed order with a brief descriptive title, and the order must not be fastened to the other documents.

An original proposed order, with a brief title describing the nature of the proposed order (as examples: “Summons”, “Order Scheduling Hearing,” etc.) shall accompany each document delivered to the Court Administrator for assignment, but shall not be fastened to the other documents.

CRITICAL

Applies to

Petition

The petitioner must file the specified documents with a Confidential Document Form attached at the same time as the petition.

(7) Contemporaneously with filing the petition, Petitioner shall file the following documents with a Confidential Document Form attached.

CRITICAL

Applies to

Board report

The board’s report must recommend whether to lay out a private road, describe its location if recommended, assess damages, and briefly explain its recommendations and assessments.

(4) A recommendation whether a private road should be laid out, and if so, a description sufficient to locate such a road on the ground; (5) An assessment as to the amount of damages to be paid to the party or parties over whose land the road is to be laid; and (6) A brief statement of reasons for the recommendations and assessments.

CRITICAL

Applies to

Appeal

If a reporter was present and no transcript exists, the appellant must certify that the transcript was ordered and payment arrangements were made.

(c) If a court reporter was present and if a transcript is not already in existence, the appellant shall certify that appellant has ordered a transcript of the proceedings and has made satisfactory arrangements with the court reporter for payment.

CRITICAL

Applies to

Petition

The petition must state whether an Orphans' Court in this or any other jurisdiction has appointed a guardian for the minor.

(iv) A statement as to whether or not a guardian has been appointed for the minor by the Orphans’ Court of this, or any other, jurisdiction;

CRITICAL

Applies to

Petition

The petition must include an itemized list of pre-filing disbursements showing each date, payee, and the applicable type of payment.

(6) An itemized list of disbursements made prior to the filing of the petition, indicating the date, name of the payee and whether the disbursements were in payment of administration expenses, preferred or ordinary debts, items of distribution or the family exemption; and

CRITICAL

Applies to

Ex parte application

An ex parte application must state why it is presented ex parte, whether and how other parties were notified and the results, and what steps were taken to resolve the matter.

(viii) Any application being presented to the Court ex parte, whether presented during a motions court session or outside of such session, shall state the following in the body of the application: (1) the reason why such matter is being presented ex parte; (2) that the applicant notified or attempted to notify all other parties of the presentment of the application and the results of the contact; and (3) the steps taken by the applicant to resolve the matter being presented to the Court.

CRITICAL

Applies to

Proposed order

Each document delivered to the Court Administrator for assignment must be accompanied by an original proposed order with a brief descriptive title.

An original proposed order, with a brief title describing the nature of the proposed order (as examples: “Order Scheduling Argument” or “Order Granting Motions for Sanctions”) shall accompany each document delivered to the Court Administrator for assignment, but shall not be fastened together.

CRITICAL

Applies to

Petition

A personal representative's petition for public sale of real property must set forth the eight specified facts about title, the decedent, authority to sell, valuation, bond, interested parties, property, and the estate's administration.

A petition by a decedent’s personal representative to sell real property at public sale shall set forth: (1) How title was acquired and reference to the document of acquisition; (2) The name, residence, and date of death of the decedent, whether the decedent died intestate or testate, and the date of the grant of letters; (3) That the personal representative is not otherwise authorized to sell or is denied the power to sell by will, or that it is desirable that the sale have the effect of a judicial sale, and state the reasons therefor; (4) If an inventory has been filed, the value of the real property shown in the inventory or, if no inventory has been filed, the value of the property based upon an independent appraisal; (5) If the personal representative entered bond with the Register, the name of the surety and the amount of the bond; (6) The names and relationships of all parties in interest; a brief description of their interests; whether any of them is a minor, an incapacitated person, or a decedent, and if so, the name of any fiduciary and a reference to the record of his or her appointment as well as the age of any minor and the names of his or her next of kin; (7) A legal description of the real property to be sold, the improvements thereof, by whom it is occupied, its rental value, if known, and its current tax assessment and tax parcel number; and (8) Sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.

CRITICAL

Applies to

Praecipe

If a matter settles or is withdrawn before disposition, the moving party must promptly notify the court and file an appropriate Praecipe with the Clerk.

If any matter is settled or withdrawn prior to disposition, the moving party shall promptly notify the court and file an appropriate Praecipe with the Clerk.

CRITICAL

Applies to

Appeal

A separate appeal must be filed for each PennDOT determination.

(b) A separate appeal shall be taken from each determination made by the Department of Transportation.

CRITICAL

Applies to

Records inspection request

Requests to inspect or copy accessible, unprivileged court records must be made in writing and addressed to the District Court Administrator as Records Manager.

A request to inspect or obtain copies of records accessible pursuant to Pa. R.J.A. 509 or any other public law, which are in the possession or control of a court of this Judicial District, and which are not otherwise privileged or protected from disclosure by law, rule of procedure, or court order, shall be made in writing and addressed to the District Court Administrator, who is designated as the Records Manager for the 19th Judicial District.

CRITICALCriminal cases

Applies to

Petition

If no agreement can be reached, the Clerk must file a petition asking the court to schedule a hearing to set financial obligations according to the defendant's means.

(4) If an agreement cannot be reached, the Clerk shall file a petition requesting that the court schedule a hearing to establish the financial obligations in accordance with the defendant’s financial means.

CRITICAL

Applies to

Exceptions and responses

Must include

proposed order

When exceptions to the master’s report are timely filed, the moving parties and respondents must include a proposed order.

If any party timely files exceptions to the master's report pursuant to York R.C.P. 208.3(B), the moving parties and respondents shall cite to the page numbers of the transcript that support their respective positions on all issues raised by the exceptions and responses, and shall include any proposed order.

CRITICAL

Applies to

Proposed adjudication

Each Proposed Adjudication must include the case background, distribution summary, special requests or reserves and reasons, advanced distributions, balances and consolidated balance, proposed distribution of the consolidated balance, and—if insolvent—a list of paid and unpaid creditors.

Each Proposed Adjudication shall include, at a minimum: (i) Background of the case; (ii) Summary of distribution; (iii) Statement of special requests or reserves requested and the reasons for the same; (iv) A breakdown of advanced distributions; (v) A breakdown of balances on hand and a consolidated balance and; (A) A summary of the proposed distribution of the consolidated balance (B) in the case of insolvency, a list of creditors paid and unpaid

CRITICAL

Applies to

Petition

If Pennsylvania inheritance tax has been paid, the petition must include proof of payment.

Pennsylvania Inheritance Tax has been paid. Proof of payment attached.

CRITICAL

Applies to

Interim fee petition

An interim fee petition must provide specified information about the preceding petition and whether and when its approved amount was paid.

(2) Interim fee petitions shall contain, in addition to the matters set forth in York R.C.P. 210(C) above, a recitation of the total of the preceding fee petition, the date when the preceding fee petition was submitted, the amount approved, and shall indicate whether the amount approved has been paid and the date paid.

CRITICAL

Applies to

Firearms review application

Firearms-review applications must comply with York R.C.P. 205.1 and 205.2 and be filed with the Office of the Prothonotary.

An application to the Court which has the effect of appealing or reviewing any determination of the Sheriff, chief of police, county Treasurer or other official concerning firearms pursuant to 18 Pa.C.S. Sec. 6105.1 or 18 Pa.C.S. Sec. 6114 concerning hearings and judicial review of actions concerning firearms, shall conform to the requirements of York R.C.P. 205.1 and 205.2, and shall be filed in the Office of the Prothonotary.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

In matters where the moving party must serve the resulting court action, the moving party must promptly file a certificate of service with the Prothonotary.

(6) For matters of which the Prothonotary is not required to give notice under Pa.R.C.P. No. 236, it shall be the responsibility of the moving party to forthwith serve copies of the resulting order, rule, or other action by the court on all parties to the matter and promptly file a certificate of service with the Prothonotary.

CRITICAL

Applies to

Exception

Exceptions must include references to the supporting or opposing record or transcript.

References to the record or transcript of proceedings which support or oppose exceptions shall be included.

CRITICAL

Applies to

Fee petition

Must include

caption

A fee petition must state the case caption and manner of disposition, and, if the case was tried, the number of trial days.

(2) The fee petition shall set forth the caption of the case, the manner of disposition of the case, and if disposed of by trial, the number of days spent in trial.

CRITICAL

Applies to

Petition for review

A Petition for Review must include the appellant’s and local agency’s names and addresses, the determination date and copy, and concise reasons for appeal.

The party seeking to appeal shall file a timely Petition for Review which shall contain the following: (a) The name(s) and address(es) of the party filing the appeal; (b) The name(s) and address(es) of the local agency upon whom the initial request was served; (c) The date of the determination by the appeals officer; (d) A copy of the written determination issued by the appeals officer; and (e) A concise statement of the reasons for appeal.

CRITICAL

Applies to

Attorney appointment solicitation response

An attorney previously listed for appointments must respond to the solicitation with updated information or be removed from all appointment lists.

(3) An attorney who has previously been on a list for appointments shall also respond to the solicitation with updated information, or the attorney shall be removed from all lists for court appointments.

CRITICAL

Applies to

Post trial relief motion

A motion for post-trial relief must meet the referenced form and content requirements and include a citation locating where each alleged error was raised and addressed.

Motions for post-trial relief shall be in such form and shall contain the information required by Pa.R.C.P. No. 227.1, 227.3 (relating to transcripts) and York R.C.P. 205.2. A citation to the page in the trial transcript or to the case record where an alleged error was raised and addressed by the parties and the court shall be included either in the motion for post-trial relief or in the brief in support of the motion.

CRITICAL

Applies to

Stipulation agreement and motion

Must include

proposed order

The parties must file an original and one copy of the stipulation and motion, and the moving party must provide an original proposed order.

Parties shall file with the prothonotary an original and one (1) copy of the stipulation/agreement and an original and one (1) copy of a motion requesting the court to adopt the stipulation/agreement. The moving party shall also provide to the prothonotary an original proposed order.

CRITICAL

Applies to

Response

Any response must comply with York R.Civ.P. 205.2(a) and may include a concise response to the petition’s concise statement.

Any response filed shall comply with the requirements of York R.Civ.P. 205.2(a) and may contain a concise statement in response to the concise statement set forth in the Petition for Review.

CRITICAL

Applies to

Petition

When guardianship of the estate is sought, the petition must state whether the proposed guardian has declared bankruptcy and, if so, identify the court and final disposition.

(iv) a statement whether the proposed guardian has declared bankruptcy, and if so, the name of the court and final disposition.

CRITICAL

Applies to

Exhibit tracking index

Each proponent must provide copies of the exhibit tracking indexes to the presiding judge or hearing officer and opposing counsel or self-represented litigants by the start of the proceeding.

(2) Each proponent, at or prior to the beginning of the proceeding, shall provide copies of the exhibit tracking indexes to the presiding judge or hearing officer and opposing counsel or self-represented litigants.

CRITICAL

Applies to

Motion for judgment on the pleadings

A motion for judgment on the pleadings must be filed in one original with the Prothonotary and comply with the form and information requirements of York R.C.P. 205.2(a) and (b).

(1) One original of the motion for judgment on the pleadings shall be filed with the Prothonotary. It shall be in such form and shall include the information as set forth in York R.C.P. 205.2(a) and York R.C.P. 205.2(b).

CRITICAL

Applies to

Proposed order

At the hearing, petitioner’s counsel must present a proposed order substantially in the form provided below.

(b) At the time of the hearing, counsel for Petitioner shall present a proposed Order substantially in the form set forth hereinbelow.

CRITICAL

Applies to

Petition

The petition must attach the proposed sale, exchange, or option agreement and any obtained consents from interested parties who did not join, in addition to the exhibits and affidavits required by Rule 5.10.1.

(B) Exhibits to Petition. In addition to the exhibits required under York O.C. Rule 5.10.1 and the affidavits required by that Rule, there shall be attached to the petition the following exhibits: (1) A copy of the proposed agreement of sale, exchange or option; and (2) The consents of any party in interest who has not joined in the petition insofar as they are obtained.

CRITICAL

Applies to

Electronically filed document

The title of each electronically filed document must identify the document, the filing party, the party against whom relief is sought if any, and the nature of the relief sought.

The title of each electronically filed document shall include: (a). Descriptive title of the document; (b). Party or parties filing the document; (c). Party or parties against whom relief, if any, is sought; and (d). Nature of the relief sought (e.g. Motion for Summary Judgment of Defendant ABC Corporation Against Plaintiff Jones).

CRITICAL

Applies to

Motion

The motion shall include any request by the parties to schedule a hearing for argument.

The motion shall include any request by the parties to schedule a hearing for argument.

CRITICAL

Applies to

Appeal

The appeal must include a specific request for relief.

(xv) Specific request for relief.

CRITICAL

Applies to

Affidavit of return

A return of a public sale of real property submitted for approval or confirmation must be an affidavit stating the notice given, price obtained, and purchaser details and that the purchaser was the highest bidder.

(F) Affidavit of Return. Returns of public sale of real property for the purpose of approval or confirmation by the Court shall be by affidavit setting forth: (1) The notice given; (2) The price obtained; and (3) The name and address of the purchaser, and an averment that the purchaser was the highest bidder.

CRITICAL

Applies to

Petition

The petition must include a physician’s report or other documentation addressing the minor’s condition, need for further treatment, and recovery prognosis.

(ix) A report from a physician, or other documentation, clearly stating the physical and/or mental condition of the minor, whether further treatment is necessary, and the prognosis of the minor’s recovery;

CRITICAL

Applies to

Original hard copy

The filing party must retain the document’s original hard copy until two years after the latest of the specified case or issue dispositions.

The filing party shall maintain the original hard copy of the document filed for two years after the later of: the disposition of the case; the entry of an order resolving the issue raised by the legal paper; or, the disposition by an appellate court of the issue raised by the legal paper.

CRITICALCriminal cases

Applies to

Written response

A defendant’s attorney or self-represented defendant must provide the district attorney a written response to the requested information.

Each defendant’s attorney or self-represented defendant shall, within five business days, provide a written response to the district attorney regarding the information sought in (C)(3) above.

CRITICAL

Applies to

Preliminary objections

Preliminary objections must be filed in one original with the Prothonotary and comply with the form and information requirements of York R.C.P. 205.2(a) and (b).

(1) One original of the preliminary objections shall be filed with the Prothonotary. They shall be in such form and shall include the information as set forth in York R.C.P. 205.2(a) and York R.C.P. 205.2(b).

CRITICAL

Applies to

Affidavit of deposit

Counsel's affidavit must certify compliance, include specified account documentation, and aver that counsel established and funded the accounts and provided the financial institution with a certified order.

Counsel shall file with the Prothonotary of York County within 14 days from the date of deposit of the funds proof of the establishment of the accounts as required herein, by Affidavit from counsel certifying compliance with this Order. Counsel shall attach to the Affidavit a copy of this Order as well as a copy of the Certificate of Deposit or bank account showing the amount deposited and containing the required restrictions. The Affidavit shall further contain a specific averment by counsel that counsel, and not the parent(s) and/or guardian(s) of the minor, established the account(s) and deposited the funds therein as directed above and that counsel has provided to the financial institution a certified copy of this Order.

CRITICAL

Applies to

Affidavit

The affidavits must address every element necessary to establish the petitioner’s entitlement to relief.

(5) The affidavits shall address each element necessary to establish the petitioner’s entitlement to relief.

CRITICAL

Applies to

Petition

The petition must include certification that fingerprints and a request for FBI clearances have been submitted for the proposed guardian and each household resident aged 18 or older.

(5) A certification that a full set of fingerprints and request has been submitted to the Pennsylvania State Police to submit a request for Federal Bureau of Investigation Clearances of the proposed guardian(s) and each individual aged eighteen (18) years or older who is residing in the household with the proposed guardian(s) and the minor.

CRITICAL

Applies to

Petition

The petition must include the specified information and supporting documentation, including details about the minor, the settlement, fees, liens, and any special distribution request.

(d) The petition shall contain the following: (1) The minor's name; (2) The names and addresses of the minor's parents. If they are unknown the petition shall so state; (3) Written approval of the minor if the minor is over the age of 16 years; (4) Whether a guardian has been appointed for the minor by the Orphans Court of this or any other jurisdiction; (5) The defendant's residence or place of business; (6) A summary of the facts of the case; (7) A statement under oath by the parents and/or guardians certifying the physical condition of the minor and a statement of the reasons why the parents and/or guardians approve of the settlement; (8) A report from a physician, or other documentation, setting forth the physical and/or mental condition of the minor and a prognosis; (9) A specific list of costs sought to be reimbursed from the gross settlement; (10) A statement as to the reasonableness of counsel fees. Counsel fees must be based upon the settlement amount. Under normal circumstances, 25% of the settlement amount will be presumed to be reasonable. The presumption is rebuttable at the hearing. Counsel fees shall be reduced by fees received, if any, as a result of counsel’s "representing" the defendants in any subrogation claims; (11) Whether any additional counsel fees were paid or will be paid as a result of representation of the defendants and subrogation claims; (12) Sufficient reasons and legal authority for any request that funds be allocated to the parents of a deceased plaintiff, if applicable; (13) Sufficient reasons for any request of allocation of the settlement proceeds among the children of the deceased plaintiff, if applicable; (14) A statement of any actual or potential Department of Public Welfare liens and how such liens have been resolved; and (15) Any special request for early distribution, alternative deposit of funds, or other deviation from the order as set forth in York R.C.P. 2039.2(b) shall be stated in the petition with supporting justification for the special request. Counsel shall be prepared to address the necessity for the special request at the time of the hearing.

CRITICAL

Applies to

Joint statement of stipulated facts and issues

All parties or counsel must meet at least two weeks before trial to draft a comprehensive joint statement of stipulated facts and issues.

All parties or counsel shall meet at least two (2) weeks prior to trial for the purpose of drafting a comprehensive joint statement of stipulated facts and issues.

CRITICAL

Applies to

Fee petition

Must include

proposed order

A juvenile dependency fee petition must be submitted to the Court Administrator with an original proposed order and sufficient conforming copies for assignment to a judge.

(2) Such petitions, along with an original proposed order and sufficient copies to conform, shall be submitted to the Court Administrator for assignment to a judge.

CRITICAL

Applies to

Post trial relief brief

Supporting and opposing briefs on post-trial-relief motions must comply with the form and content requirements of York R.C.P. 210.

Briefs in support of or in opposition to motions for post-trial relief shall be in such form and shall contain the information set forth in York R.C.P. 210.

CRITICAL

Applies to

Petition

A petition by a personal representative, trustee, or guardian to sell property at public sale must have the specified exhibits attached.

The following exhibits shall be attached to a petition by a personal representative, trustee or guardian, to sell property at public sale:

CRITICAL

Applies to

Injunction application

The copy of the application delivered to the Court Administrator must be accompanied by a copy of the complaint, which must not be attached to the application.

(1) A copy of the complaint that commenced the action shall accompany the copy of the application for relief delivered to the Court Administrator, but shall not be attached to it.

CRITICAL

Applies to

Proposed order

Must include

proposed order

At the hearing, petitioner’s counsel must present a proposed settlement-approval order substantially in the form specified by York R.O.C.P. 5.6.2.

At the time of the hearing, counsel for the Petitioner shall present a proposed Order approving settlement substantially in the form as set forth in York R.O.C.P. 5.6.2.

WARNING

Applies to

Motion

An uncontested motion with the required certification need not be presented at motions court, but must be presented under York R.C.P. 205.1.

A motion which is uncontested and which contains this certification need not be presented in a session of motions court, but shall be presented to the court pursuant to York R.C.P. 205.1.

WARNINGCriminal cases

Applies to

Pretrial conference request

A pretrial-conference request motion must substantially follow the linked form, which is also available on the county website if the link cannot be used.

Any party may at any time request a pretrial conference by electronically filing a written motion in substantially the following format: Please see link: Motion-to-Request-Pre-Trial-Conference-PDF If unable to use the link above, the form is available on the yorkcountypa.gov website >Court>Court Administration>Court Forms> Criminal

WARNING

Applies to

Praecipe

The praecipe must be substantially in the form prescribed by the rule.

The praecipe described above shall be substantially in the following form:

WARNING

Applies to

Motion

Failure to provide the required discovery-completion certification may result in denial of the motion or rescission of the appointment.

Failure to comply with this requirement may result in the denial of the motion or rescission of the appointment.

WARNINGCriminal cases

Applies to

Motion

Argument and briefing on the motion proceed without a transcript unless the motion details grounds showing why transcription is necessary.

Argument on and briefing of such motion shall be had without a transcript of the trial or other proceedings, unless grounds for the necessity of such transcription are detailed in the motion.

WARNINGCriminal cases

Applies to

Proposed order

A proposed order suggesting a hearing must provide spaces for the hearing’s day, date, time, and assigned courtroom.

Such proposed order, if suggesting that a hearing should be held, shall include space for the day, date, time and courtroom assigned for the proposed hearing.

WARNING

Applies to

Reasonable accommodation request form

The accommodation request form includes a certification that an ADA accommodation is required, with signature and date fields.

I hereby certify that an Americans with Disabilities Act accommodation is required in the above-captioned action on the date stated. Signature: Date:

WARNING

Applies to

Petition

Pennsylvania Inheritance Tax has not been paid. If inheritance taxes due have not been paid, Petitioner should list the Register of Wills, Agent, as a creditor. [Give details of why tax has not been paid.]

Pennsylvania Inheritance Tax has not been paid. If inheritance taxes due have not been paid, Petitioner should list the Register of Wills, Agent, as a creditor. [Give details of why tax has not been paid.]

WARNING

Applies to

Exhibit

Exhibit transfer typically occurs in the courtroom at the proceeding’s conclusion, but the Court may direct a later time or location for large, valuable, dangerous, or facsimile-reproduction exhibits, as agreed by the interested parties.

Typically, this transfer shall take place in the courtroom at the conclusion of the proceeding. However, if an exhibit is large, valuable, dangerous, or requires reproduction as a facsimile for inclusion in the record, the Court may direct that the transfer of exhibits to the filing office occur at a later time or location as agreed upon by the proponent, filing office, and other interested parties.

WARNINGCriminal cases

Applies to

Guilty plea scheduling motion

A guilty-plea scheduling motion must substantially follow the linked fillable form, which is also available through the stated county website path if the link cannot be used.

The motion shall be in substantially the following format: Please see link: Motion-to-Schedule-Guilty-Plea---Fillable-Form-PDF If unable to use the link above, the form is available on the yorkcountypa.gov website >Court>Court Administration>Court Forms> Criminal

WARNING

Applies to

Answer to petition for review

An answer to a Petition for Review is not required; the appeal reasons are deemed denied and at issue.

No Answer to the Petition for Review need be filed; the reasons for the appeal stated therein shall be deemed to be denied and at issue.

WARNING

Applies to

Petition

if the case involves an automobile accident, the accident report should be attached as an exhibit to the petition;

if the case involves an automobile accident, the accident report should be attached as an exhibit to the petition;

WARNING

Applies to

Parenting coordinator application

Eligible interested attorneys and mental health professionals must apply when the court advertises parenting coordinator openings.

Interested attorneys and mental health professionals meeting the eligibility criteria are required to apply when the court advertises for parenting coordinator openings.

WARNING

Applies to

Continuance request

The response and signature of opposing counsel should be included on the form.

The response and signature of opposing counsel should be included on the form.

WARNING

Applies to

Report of hearing

The Report of Hearing must state its findings, conclusions, and recommendations, and reports concerning alleged incapacity must include the specified capacity, support, guardianship, and duration information.

The Report of Hearing shall state the Findings of Fact, Conclusions of Law, and Recommendations to the Court. (C) In matters involving the alleged Incapacity of an Individual, the Report of Hearing shall: (1) State the nature of the condition or disability that impairs the individual's capacity to make and communicate decisions. (2) State the extent of the individual's capacity to make and communicate decisions. (3) State the need for guardianship services in light of the: (i) Availability of family, friends, and support mechanisms. (ii) Existence and effectiveness of a durable financial power of attorney. (iii) Existence and effectiveness of health care power of attorney. (iv) Individual's current and recommended residence. (v) Individual's current and recommended health care. (vi) Individual's assets and ability to spend them reasonably. (4) Recommend the type of guardian, limited or plenary, and, if it were limited, the limitation and the likely effectiveness of such limit in practice. (5) The duration of guardianship.

WARNING

A party or counsel who fails to attend a scheduled proceeding before the master may face sanctions, including a monetary penalty.

Failure of any party or counsel to attend a scheduled proceeding before the master may subject the offending party or attorney to appropriate sanctions, which may include a monetary penalty.

WARNINGCriminal cases

Applies to

Formal arraignment waiver

A formal-arraignment waiver must use the form prescribed by the district court administrator.

The waiver shall be on such form as prescribed by the district court administrator.

WARNING

Applies to

Petition

For a testate decedent, the Register of Wills’ Official Receipt showing that the original Will was lodged is adequate proof.

(2) If the decedent died testate, then the Official Receipt from the Register of Wills that the original Will has been lodged shall constitute adequate proof.

WARNING

Applies to

Prehearing procedures

When a party is unrepresented, counsel for a represented party must make a good-faith effort to comply with the prehearing procedures in writing rather than by conference.

if a party is not represented by counsel, counsel for a represented party shall make a good-faith effort to comply with the prehearing procedures in writing rather than by a conference.

WARNINGCriminal cases

Applies to

Financial condition statement

If a defendant does not pay the full amount of fines, costs, or restitution in one payment at sentencing, the Clerk of Courts may require a written financial-condition statement sufficient to assess ability to pay.

(1) When a defendant is ordered to pay fines, costs, or restitution and payment in full is not made at sentencing in a single remittance, the Clerk of Courts may require the defendant to provide a written statement of financial condition sufficient to determine ability to pay.

WARNING

Applies to

Uncontested motion

Uncontested motions need not be presented at a motions court session if they include the specified certification.

Uncontested motions: Provided, however, that the motion includes a certification as set forth in York R.C.P. 208.2(d)(2) and 205.1.

WARNING

Applies to

Notice of filing report

The Notice of Filing Report must state the 10-day objection deadline and that the Court may deem parties to have agreed with the report if no objection is filed.

The Notice of Filing Report shall: (1) State that all Objections to the Report shall be filed with the Clerk of the Orphans' Court within 10 days of the entry of the Report upon the docket and (2) State that, if there were no Objection, then the Court may deem that the parties agreed with the Hearing Officer's or Auditor's Findings of Fact, Conclusions of Law, and Recommendations to the Court.

WARNING

Applies to

Affidavit of deposit of minor funds

The affidavit form includes a jurat for the date and a notary public’s signature.

Sworn to and subscribed before me this ____ day of ________, 202_. _______________________________ Notary Public

WARNING

Applies to

Motion for rule absolute

After the response period expires without a response, the requested relief may be presented by filing a Motion for Rule Absolute with the Prothonotary and forwarding a clocked-in copy to Court Administration for assignment.

After the time has expired for a response on a Rule to Show Cause and no response has been filed, the relief requested may be presented to the Court by the filing of a Motion for Rule Absolute with the Prothonotary and a clocked in copy forwarded to Court Administration for assignment to a judge.

WARNING

Applies to

Property claim

A nonparty claiming an interest in attached property may intervene in garnishment proceedings by filing a property claim with the Sheriff.

(a) Any person not a party who claims an interest in property attached pursuant to Pa.R.C.P. No. 3108(a) may intervene in the garnishment proceedings by filing a property claim with the Sheriff.

WARNING

The verifying official must keep a copy in the court case file and provide the original to the service provider for submission with billing.

VERIFYING OFFICIAL SHALL MAINTAIN A COPY IN THE COURT’S CASE FILE AND PROVIDE THE ORIGINAL TO THE SERVICE PROVIDER FOR SUBMISSION WITH BILLING.

WARNING

Applies to

Asset inventory

Asset inventories must identify accounts and similar assets by the account holder's name and the last four digits of the account number.

The name of the account holder and the last four (4) digits of the account number shall be used to identify assets such as investment accounts, bank accounts, insurance policies, retirement accounts, and the like.

WARNING

Applies to

Electronically filed declaration or affidavit

An electronically filed declaration or affidavit is deemed signed by its declarant or affiant when an attorney or unrepresented party has authorized the filing.

Each electronically filed declaration and affidavit shall be deemed to have been signed by the declarant or affiant if an attorney or party not represented by an attorney has authorized such filing.

INFO

Applies to

Response

The local agency, Office of Open Records, or requestor may file a response, but is not required to do so.

The local agency, Office of Open Records and/or requestor, as appropriate, may, but is not required to file a response to the Petition for Review.

INFO

A return-of-property matter under 42 Pa.C.S. § 6802 is assigned to the judge handling the underlying criminal case.

The matter shall be assigned to the judge to whom the underlying criminal case has been assigned.